LINTON v. STATE

No. 98-2221.

721 So.2d 743 (1998)

Paul David LINTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 3, 1998.


Attorney(s) appearing for the Case

Paul David Linton, Raiford, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.


W. SHARP, Judge.

Linton appeals from a summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He alleges his trial counsel was ineffective because he failed to advise him that his sentence exceeded the thirty year maximum statutory term for his offense of attempted sexual battery on a person less than 12 years of age, a first degree felony. §§ 794.011(2), 777.04(4)(b) & 775.082(3)(b), Fla. Stat. (1995). Because the motion...

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