Sam Wilson v. State Florida

In 1981 a jury convicted Sam Wilson, Jr. of two counts of first-degree murder and recommended that he be sentenced to death on each count. The trial court imposed the death penalty and this Court affirmed both the convictions and sentences. Wilson v. State, 436 So.2d 908 (Fla. 1983). Wilson next appealed the trial courts denial of a motion to vacate the convictions and sentences pursuant to rule 3.850, Florida Rules of Criminal Procedure and filed a petition for habeas corpus relief alleging ineffective assistance of appellate counsel. We approved the trial courts denial of appellants 3.850 motion; however, after considering the habeas petition, we concluded that Wilsons appellate counsel had been grossly ineffective and granted this new direct appeal. Wilson v. Wainwright, 474 So.2d 1162 (Fla. 1985). We have jurisdiction, article V, section 3(b)(1), Florida Constitution, and reverse Wilsons conviction for the first-degree murder of Jerome Hueghley, but affirmed his conviction for the first-degree murder of his father, Sam Wilson, Sr. However, we vacate the sentence of death attendant to the latter conviction.