Jevon Hanthony Wimberly v. State

On Remand from the Florida Supreme. Court

This case is on remand following the Florida Supreme Court’s January 24, 2014 order in case number SC12-2330. The Supreme Court has quashed our order denying the petition in this case and remanded for reconsideration upon application of Williams v. State, 123 So.3d 23 (Fla.2013).

We grant the petition and conclude that appellate counsel was ineffective in failing to argue fundamental error in the jury instruction that was given for the lesser offense of attempted voluntary manslaughter. 1 Pierce v. State, 121 So.3d 1091, 1093 (Fla. 5th DCA 2013)…