IN THE DISTRICT COURT OF APPEAL
JULY TERM, A.D. 2006
THE STATE OF FLORIDA,
CASE NO. 3D06-704
TRIBUNAL NO. 03-20493
Opinion filed November 29, 2006.
An Appeal from the Circuit Court for Miami-Dade County,
Diane Ward, Judge.
Kenneth Walker, in proper person.
Charles J. Crist, Jr., Attorney General,
Armas, Assistant Attorney General, for appellee.
Before WELLS, CORTIÑAS, and ROTHENBERG, JJ.
ON MOTION FOR REHEARING DENIED
The motion for rehearing is denied. We withdraw our order
of March 31, 2006
and substitute the following in its place.
In this petition for writ of habeas corpus Kenneth Walker
independent review of the record and the State's confession of
error, we grant the writ sought.
Harris v. State,
For the reasons stated in
937 So. 2d 211, 212 (Fla. 3d DCA 2006), based
on the totality of the circumstances, the trial court committed
fundamental error when it included the conjunction “and/or” in
227 (Fla. 3d DCA 2005).
Walker's appellate counsel rendered
ineffective assistance of appellate counsel by failing to raise
this issue on direct appeal.
conviction, vacate his sentence, and remand the case for a new