VANWAGNER v. STATE

No. 4D10-1253.

45 So.3d 572 (2010)

Edward VANWAGNER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

October 20, 2010.


Attorney(s) appearing for the Case

Edward VanWagner , Perry, pro se.

Bill McCollum , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for respondent.


PER CURIAM.

Edward VanWagner timely petitions this court for a writ of habeas corpus based upon a claim of ineffective assistance of appellate counsel for failure to raise a fundamental error in the jury instructions used in his criminal case. In response to our order to show cause, the State conceded that the error was fundamental. We agree and grant the petition.

By way of background, VanWagner was charged with (1) robbery with a firearm and (2) kidnapping...

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