Calandra v. State

727 So.2d 1028 (1999)

Joseph J. CALANDRA, Petitioner,

v.

STATE of Florida, Respondent.

No. 98-3187.

District Court of Appeal of Florida, Fourth District.

February 17, 1999.

Joseph J. Calandra, Immokalee, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for respondent.

KLEIN, J.

Petitioner seeks a writ of habeas corpus claiming that his appellate counsel was ineffective for failing to raise as error on direct appeal the denial of his request for a jury instruction based on Cirack v. State, 201 So.2d 706 (Fla.1967). In Cirack…