Florida District Courts of Appeal, 1989

Otero v. State

Otero v. State
Florida District Courts of Appeal · Decided July 25, 1989 · Barkdull, Hubbart, Nesbitt
546 So. 2d 795; 14 Fla. L. Weekly 1756; 1989 Fla. App. LEXIS 4221; 1989 WL 81729 (Southern Reporter, Second Series)

Otero v. State

Opinion of the Court

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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