5D10-3626 Luis Luciano v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-3626

Case Date: 08/29/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011

LUIS ALFREDO LUCIANO, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed September 2, 2011 Petition Alleging Ineffective Assistance of Appellate Counsel, A Case of Original Jurisdiction. Luis A. Luciano, Milton, Pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent. Case No. 5D10-3626

ON MOTION FOR REHEARING PER CURIAM. We grant petitioner's motion for rehearing, and withdraw our prior order denying relief. For the reasons explained in Lopez v. State, --- So. 3d ---, 2011 WL 3516143, 5D11-244 (Fla. 5th DCA August 12, 2011) and Hodges v. State, 64 So. 3d 142 (Fla. 5th DCA 2011), we grant the petition alleging ineffective assistance of appellate counsel, vacate petitioner's attempted second-degree murder conviction and remand for a new trial. In granting this relief, we rely upon Burton v. State, --- So. 3d ----, 2011 WL

1326258, 5D10-1399 (Fla. 5th DCA April 8, 2011), which expressly conflicts with the Fourth District's decision in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), rev. granted, 64 So.3d 1262 (Fla. 2011). Accordingly, we certify that this opinion also

conflicts with Williams, which is currently being reviewed by the Florida Supreme Court. PETITION GRANTED. PALMER, LAWSON, and EVANDER, JJ., concur.

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