DocketNumber: No. 5D14-1292
Citation Numbers: 156 So. 3d 580
Judges: Berger, Edwards, Lambert
Filed Date: 1/30/2015
Status: Precedential
Modified Date: 8/21/2021
Daniel Robida, pro se, in a belated appeal accepted by this court,
Robida was charged with three counts of unlawful sexual activity with a minor. Robida made a recorded confession in which he admitted to sexual activity with the minor on three separate ocea-
Generally, ineffective assistance of counsel claims are not cognizable on direct appeal. Larry v. State, 61 So.3d 1205, 1207 (Fla. 5th DCA 2011). However, prior to his belated appeal, Robida filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 to address a seven-year plea deal allegedly offered by the State. Consequently, the trial court held an evidentiary hearing to consider Robida’s motion. See Robida v. State, 118 So.3d 814 (Fla. 5th DCA 2013) (affirming trial court’s denial of Robida’s 3.850 motion). The trial transcript clearly refutes the claim Robida now makes on direct appeal, and plainly establishes that the State’s only offer was 8 years DOC on one count of unlawful sexual activity with a minor regardless of the lowest possible guidelines sentence.
Accordingly, we find that Robida has failed to establish that his counsel was ineffective.
AFFIRM.
. Robida v. State, 135 So.3d 1136 (Fla. 5th DCA 2014).