GIANNI PASSINO
v.
STATE OF FLORIDA
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A scoresheet computational error is harmless when the record demonstrates the trial court would have imposed the same sentence regardless of the error, and an ineffective assistance of counsel claim based on speculative prejudice cannot support postconviction relief.
[1] Computational error in sentencing scoresheet is harmless error when the record demonstrates the trial court would have imposed the same sentence absent the error.
[2] An ineffective assistance of counsel claim based on speculative prejudice to plea negotiations, unsupported by concrete factual allegations, does not state a valid basis…
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Join FLexlaw to unlock all legal intelligence“Relief on ineffective assistance of counsel claims must be based on more than speculation and conjecture.”
Court's rejection of appellant's speculative ineffective assistance claim regarding lost plea opportunities
Gianni Passino appealed an order denying his rule 3.850 motion for postconviction relief in a criminal case. He alleged scoresheet computational error…
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Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Marina Garcia-Wood, Judge; L.T. Case No. 00-007602CF10A.
Gianni Passino, Avon Park, pro se. No appearance required of appellee. PER CURIAM.
We affirm the trial court’s summary denial of Appellant’s motion for postconviction relief. Appellant’s claim of scoresheet error is harmless as the record shows that the judge would have imposed the same sentence without the error. See State v. Anderson, 905 So. 2d 111, 118 (Fla. 2005).
Appellant’s claim that counsel was ineffective in failing to object to the alleged error and that, but for the error, the State may have made a more favorable plea offer is speculative and states no basis for postconviction relief. See Connor v. State, 979 So. 2d 852, 863 (Fla. 2007) (“Relief on ineffective assistance of counsel claims must be based on more than speculation and conjecture.”).
We affirm as to all other claims without further comment.
TAYLOR, MAY and DAMOORGIAN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Asay v. State, 210 So. 3d 1 (Fla. 2016)…der Brady because Brady and Strickland are “two sides of the same coin.” We find that these conclusory allegations fail to demonstrate that trial counsel’s performance was deficient or prejudiced Asay. See Jones, 998 So. 2d at 587; Connor v. State, 979 So. 2d 852, 862 (Fla. 2007). Asay does not demonstrate how trial counsel was deficient or that counsel’s performance fell outside of reasonable professional standards. As to prejudice, Asay alleges that the evidence would have allowed counsel to convey a narra…
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Schoenwetter v. State, 46 So. 3d 535 (Fla. 2010)…same consideration as mental retardation. See, e.g., Reese, 14 So. 3d at 920 (rejecting Atkins claim where postconviction testimony indicated that the defendant was under a “severe emotional disturbance” at the time of the offense); Connor v. State, 979 So. 2d 852, 867 (Fla.2007) (rejecting claim where the defendant suffered from mental and psychological disorders such as organic brain damage, frontal lobe damage, mi-crographia, and stuttering, on grounds that these conditions were different from mental retar…
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Marek v. State, 14 So. 3d 985 (Fla. 2009)…raised in his fourth successive postconviction motion. “Postconviction claims may be summarily denied when they are legally insuf [*1000] ficient, should have been brought on direct appeal, or are positively refuted by the record.” Connor v. State, 979 So. 2d 852, 868 (Fla.2007). Because a postconviction court’s decision whether to grant an evi-dentiary hearing on a rule 3.851 motion is ultimately based on written materials before the court, its ruling is tantamount to a pure question of law, subject to de n…
Previewing 3 of 51 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)
- Seburt Nelson Connor v. State, 979 So. 2d 852 (Fla. 2007)