Johnson v. State (990 So. 2d 1245, 2008)

PER CURIAM.

We grant the defendant’s petition for belated appeal because, as the State properly concedes, this relief is necessary to prevent a manifest injustice. McKay v. State, 988 So.2d 51 (Fla. 3d DCA 2008); Baker v. State, 878 So.2d 1236 (Fla.2004).

This court has afforded relief to both of Johnson’s co-defendants finding that the court should not have given a principal instruction in connection with the conspiracy counts brought against the men. McKay; Evans v. State, 985 So.2d 1105 (Fla. 3d DCA 2007). Johnson was convicted solely on two counts of conspiracy; justice requires that he be afforded the same relief. We therefore reverse Johnson’s convictions and remand for a new trial on those counts.

Reversed and remanded.