Wilson v. State

We grant this petition for writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise an issue that was raised in a separate appeal by the co-defendant, resulting in the co-defendant receiving a new trial.

*1216Petitioner and his co-defendant, Don-drick Cherry, were jointly charged and tried with trafficking in cocaine and possession of cannabis with intent to deliver. During their trial, Cherry’s counsel requested a jury instruction, pursuant to Chicone v. State, 684 So.2d 736 (Fla.1996), that the state had to prove beyond a reasonable doubt that Petitioner…