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HILBERT v. STATE

No. 3D08-1804.

992 So.2d 441 (2008)

Daniel HILBERT, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

October 22, 2008.

Attorney(s) appearing for the Case

Daniel Hilbert, in proper person.

Bill McCollum, Attorney General, and Rolando A. Soler, Assistant Attorney General, for respondent.

Prior report: .

PER CURIAM.

We grant the defendant's petition and remand for a new trial on the conspiracy counts only because, as the State properly concedes, this relief is necessary to prevent a manifest injustice. Baker v. State, 878 So.2d 1236 (Fla.2004); McKay v. State, 988 So.2d 51 (Fla. 3d DCA 2008).

This court has afforded relief to two of Hilbert's co-defendants finding that the...

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