MARRERO v. STATE

No. 2D03-2006.

864 So.2d 1131 (2003)

Jose C. MARRERO, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

December 31, 2003.


Attorney(s) appearing for the Case

Jose C. Marrero, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine V. Blanco, Sr., Assistant Attorney General, Tampa, for Respondent.


SALCINES, Judge.

Jose C. Marrero, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), raised two claims of ineffective assistance of appellate counsel. In his first claim, Marrero alleged that appellate counsel was ineffective for failing to argue that the sentencing judge convicted Marrero of "attempted conspiracy to traffic in heroin," which is a nonexistent crime. Because Marrero was convicted of attempted trafficking in heroin and not...

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