Minnich v. State

This petition for writ of habeas corpus challenges a 2006 conviction and sentence. Because of the unique procedural posture of this case, we grant the petition.

Petitioner was charged with aggravated assault with a deadly weapon and attempted first-degree murder. After a jury trial, petitioner was convicted of the aggravated assault count as charged and attempted second-degree murder as a lesser included offense. Petitioner’s appeal to this court was affirmed. See Minnich v. State, 993 So.2d 520 (Fla. 1st DCA 2008) (table). Petitioner timely filed a petition for certiorari review in the United…