GIANNI PASSINO v. STATE OF FLORIDA ( 2019 )


Menu:
  •         DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    GIANNI PASSINO,
    Appellant,
    v.
    STATE OF FLORIDA,
    Appellee.
    No. 4D19-2117
    [November 6, 2019]
    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.
    

Document Info

Docket Number: 19-2117

Filed Date: 11/6/2019

Precedential Status: Precedential

Modified Date: 11/7/2019