WILLIAM NOVELLA, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
WILLIAM NOVELLA, APPELLANT,
FLORIDA PAROLE COMMISSION, APPELLEE
642 So. 2d 847
Florida District Court of Appeal, First District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
At the time the trial court denied appellant’s petition for writ of mandamus, it did not have the benefit of our opinion in Terry v. Florida Probation & Parole, 634 So. 2d 228 (Fla. 1st DCA 1994). Accordingly, the final order is reversed and remanded with directions to reconsider the petition in light of Terry.
REVERSED AND REMANDED.
MINER, WEBSTER and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robinson v. State, 661 So. 2d 36 (Fla. 2d DCA 1995)…ised and affirmed on direct appeal. In many instances, the fact that a legal issue was briefed on direct appeal does not preclude a posteonviction claim that trial counsel handled the issue ineffectively during the trial. See, e.g., Green v. State, 642 So. 2d 847 (Fla. 5th DCA 1994); Grant v. State, 622 So. 2d 186 (Fla. 3rd DCA 1993). Indeed, it is possible for a direct appeal to result in an affirmance because trial counsel failed to properly preserve the issue for direct appeal. Steinhorst v. State, 412 So…
Authorities Cited
- Terry v. Fla. Prob. & Parole Comm'n, 634 So. 2d 228 (Fla. 1st DCA 1994)