Legal Opinion

Mark Preston Bohner v. State of Florida

District Court of Appeal of Florida

Decided February 15, 2015No. 1D14-1808PublishedCited by 1 opinion

1Opinion of the CourtBilbrey, J.

This case is before us on direct appeal in an Involuntary Civil Commitment of Sexually Violent Predators Act case (the Jimmy Ryce Act), sections 394.910-931, Florida Statutes, with Mark Preston Bohner, the appellant/committee alleging ineffective assistance of trial counsel. No other claim of error is asserted in the appeal.

In Manning v. State, 913 So.2d 37 (Fla. 1st DCA 2005), we held that claims of ineffective assistance of trial counsel in Jimmy Ryce Act cases cannot be raised on direct appeal, except in “the rare case where counsel’s ineffectiveness can be discerned from the face of the…

2Cases cited3 opinions

  1. Gore v. StateSupreme Court of Florida · 2001
  2. Ivey v. DEPT. OF CHILDREN AND FAMILY SERVS.District Court of Appeal of Florida · 2008
  3. Manning v. StateDistrict Court of Appeal of Florida · 2005

3Cited by1 opinion

  1. GREGORY O'NEIL HENDERSON v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2022

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