GOMEZ V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, 2004 PABLO GOMEZ, ** Appellant, ** vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D03-2681 LOWER TRIBUNAL NO. 97-39198 ** Opinion filed May 12, 2004. An Appeal from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge. Charles G. White, for appellant. Charles J. Crist, Jr., Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee. Before GODERICH, FLETCHER, and RAMIREZ, JJ. PER CURIAM. The defendant, Pablo Gomez, appeals from the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. At the evidentiary hearing, the defendant argued that he turned down the State s plea offer as a result of trial counsel s ineffective assistance. A review of the transcript of the evidentiary hearing shows that the defendant failed to satisfy the test for establishing a counsel. See Strickland (1984)( In any case performance inquiry claim for v. Washington, presenting must be ineffective an 466 assistance U.S. 668, 688 claim, the assistance was ineffectiveness whether counsel s of reasonable considering all the circumstances. ); Hoffman v. State, 827 So. 2d 1046, 1048-49 (Fla. 5th DCA 2002)(holding that in claim by defendant that counsel s ineffective assistance caused him to turn down State s plea offer, defendant must prove 1) that his counsel failed to communicate or misinformed him about a plea offer, 2) that he would have accepted the plea offer had he been correctly advised, and 3) that his acceptance of the plea offer would have resulted in a lesser sentence ). As such, the trial court s order denying the 3.850 motion is affirmed. Affirmed. 2

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