Asberry v. State

Petitioner Lamont Asberry was convicted of second-degree murder by a Duval County jury and sentenced to a term of imprisonment. He appealed and this court affirmed the conviction. Asberry v. State, 4 So.3d 1271 (Fla. 1st DCA 2009). He now alleges that he received ineffective assistance of counsel in the direct appeal. We agree, reverse the conviction, and remand for a new trial.

Petitioner’s counsel filed the initial brief in the direct appeal on July 30, 2008, and the state’s answer brief was filed in October 2008. Our opinion issued on March 26, 2009. In the interim, however, we decided…