Otero v. State

District Court of Appeal of Florida

Otero v. State

546 So. 2d 795, 14 Fla. L. Weekly 1756, 1989 Fla. App. LEXIS 4221, 1989 WL 81729

CourtDistrict Court of Appeal of Florida

DecidedJuly 25, 1989

DocketNo. 89-242

StatusPublished

This text of 546 So. 2d 795 (Otero v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Otero v. State, 546 So. 2d 795, 14 Fla. L. Weekly 1756, 1989 Fla. App. LEXIS 4221, 1989 WL 81729 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

This is an appeal from a denial of a Writ of Habeas Corpus. The crucial point is whether the trial judge ever mitigated the appellant’s sentence. Nothing in the record before the trial court at the time of the order under review ever indicated such and the trial court was correct in denial of relief, and therefore no error has been made to appear. However, between the filing of the notice of appeal and the disposition of this matter, it appears that events have taken place in the original trial proceedings which may now warrant relief to the appellant. Therefore, the order under review is affirmed without prejudice to the appellant, as petitioner, reapplying for ha-beas corpus relief in the trial court.

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PER CURIAM.

This is an appeal from a denial of a Writ of Habeas Corpus. The crucial point is whether the trial judge ever mitigated the appellant’s sentence. Nothing in the record before the trial court at the time of the order under review ever indicated such and the trial court was correct in denial of relief, and therefore no error has been made to appear. However, between the filing of the notice of appeal and the disposition of this matter, it appears that events have taken place in the original trial proceedings which may now warrant relief to the appellant. Therefore, the order under review is affirmed without prejudice to the appellant, as petitioner, reapplying for ha-beas corpus relief in the trial court.

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Bluebook (online)

546 So. 2d 795, 14 Fla. L. Weekly 1756, 1989 Fla. App. LEXIS 4221, 1989 WL 81729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/otero-v-state-fladistctapp-1989.