VanWagner v. State

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 “with the intent to commit or facilitate the commission of robbery” in violation of section 787.01(l)(a), Florida Statutes (2004). Section…