LADANIEL LEE, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LADANIEL LEE, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-1136 STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed July 5, 2013. Petition for Writ of Habeas Corpus. Original jurisdiction. Petitioner LaDaniel Lee, pro se. Pamela Jo Bondi, Attorney General, and Giselle D. Lylen, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. LaDaniel Lee petitions this Court for relief due to ineffective assistance of appellate counsel. In the direct appeal following Lee s conviction for robbery with a weapon, his attorney failed to raise a meritorious, preserved argument as to which we granted his codefendant relief in Collier v. State, 38 Fla. L. Weekly D245 (Fla. 1st DCA Jan. 31, 2013). In this case, the failure to raise the issue meets the deficiency prong of the Strickland 1 test. See Cupon v. State, 833 So. 2d 302, 304-05 (Fla. 1st DCA 2002). Further, the Collier opinion establishes that the result of Lee s appeal would have been different if the issue had been raised. The fairness and correctness of Lee s direct appeal has thus been undermined, such that he has established prejudice under Strickland. See id. Accordingly, we grant the petition, vacate Lee s judgment and sentence, and remand this case to the circuit court for further proceedings consistent with Collier. PETITION GRANTED. VAN NORTWICK, MARSTILLER, and RAY, CONCUR. 1 Strickland v. Washington, 466 U.S. 668 (1984). 2

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