BRYSON v. JACKSON

Melton, Justice.

Following the grant of Fanoris Jackson’s petition for a writ of habeas corpus, Homer Bryson, in his capacity as Commissioner of the Department of Corrections, appeals, contending that the habeas court erred by finding that Jackson’s appellate counsel rendered ineffective assistance by failing to preserve for direct appeal any claim that trial counsel performed deficiently For the reasons set forth below, we reverse.

1. The underlying facts of this case were previously set forth in Jackson’s direct appeal. Jackson v. State, 270 Ga. 436 (510 SE2d 815) (1999).

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