PINTO v. STATE (1999)

District Court of Appeal of Florida,Fifth District.

Pedro Rafael PINTO, Petitioner, v. STATE of Florida, Respondent.

No. 99-1802.

Decided: August 06, 1999

Pedro Rafael Pinto, Bowling Green, Pro se. No Appearance for Respondent.

Pedro Rafael Pinto petitions this court for a writ of habeas corpus for a belated appeal. He argues that his appellate attorney was ineffective because he filed an Anders ¹ brief instead of arguing that his trial counsel was ineffective for failing to object to his departure sentence. Pinto contends he received a 30 year prison sentence instead of a guideline sentence within the recommended range of 47 to 59.2 months. We deny the petition because appellate counsel cannot be ineffective for failing to argue on direct appeal the sentencing error which was not preserved by trial counsel. The denial is without prejudice to allow Pinto to file a Rule 3.850 motion.

FOOTNOTES

1. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

THOMPSON, J.,

COBB and PETERSON, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network