context: Thus providing for relief on this basis does not frustrate the preservation of error rule. In addition, this court is not willing or able to deny postconviction relief from ineffective counsel to avoid offending the preservation of error rule.
citation_a.signal: see also
citation_a.parenthetical: remanding for an evidentiary hearing to determine whether counsel was ineffective for failing to preserve an issue for appeal
citation_a.sentence: See Strickland, 104 S.Ct. at 2063 (the sixth amendment right to effective assistance of counsel exists and is needed to protect the fundamental right to a fair trial); see also, Menendez v. State, 562 So.2d 858 (Fla. 1st DCA 1990) (remanding for an evidentiary hearing to determine whether counsel was ineffective for failing to preserve an issue for appeal).
citation_b.signal: see
citation_b.identifier: 104 S.Ct. 2063, 2063
citation_b.parenthetical: the sixth amendment right to effective assistance of counsel exists and is needed to protect the fundamental right to a fair trial
citation_b.sentence: See Strickland, 104 S.Ct. at 2063 (the sixth amendment right to effective assistance of counsel exists and is needed to protect the fundamental right to a fair trial); see also, Menendez v. State, 562 So.2d 858 (Fla. 1st DCA 1990) (remanding for an evidentiary hearing to determine whether counsel was ineffective for failing to preserve an issue for appeal).