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CALANDRA v. STATE

No. 98-3187.

727 So.2d 1028 (1999)

Joseph J. CALANDRA, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

February 17, 1999.

Attorney(s) appearing for the Case

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 our supreme court observed that "[t]he law recognizes insanity super-induced by the long and continued use of intoxicants so as to produce `a fixed and settled...

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