EVANS v. STATE

No. 3D06-1733.

985 So.2d 1105 (2007)

Kanisky EVANS, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Opinion on Rehearing July 16, 2008.


Attorney(s) appearing for the Case

Kanisky Evans, in proper person.

Bill McCollum, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for respondent.

Before COPE and WELLS, JJ., and SCHWARTZ, Senior Judge.


COPE, J.

Kanisky Evans has filed a petition alleging ineffective assistance of appellate counsel. We grant relief as to a jury instruction issue and deny relief on the remaining claims.

Defendant-petitioner Evans contends that his appellate counsel failed to raise a meritorious challenge to the trial court's overruling of a defense objection to the giving of the standard jury instruction on principals in connection with the conspiracy

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