Miguel Pestano v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed the denial of Miguel Pestano’s post-conviction claim alleging ineffective assistance of counsel. The court deferred to the trial court’s factual findings that Pestano voluntarily declined to testify, counsel’s advice was reasonable, and counsel was not ineffective for failing to call Pestano’s girlfriend as a witness.

Holdings

1. An appellate court does not reweigh the evidence on review of the denial of an ineffective-assistance claim following an evidentiary hearing; factual findings are entitled to deference when supported by competent, substantial evidence.
2. The ineffective-assistance claim based on advice not to testify failed because the trial court found that Pestano voluntarily decided not to testify and that counsel's advice was reasonable in light of Pestano's prior felony conviction and counsel's assessment of the victim's credibility.
3. Counsel was not ineffective for failing to call Pestano's girlfriend because she did not witness circumstances pertinent to the prosecution, including Pestano's statement to police, and the trial court found that counsel's performance did not fall below professional standards.

Questions Presented

1. Whether trial counsel was ineffective for advising Pestano not to testify.
2. Whether trial counsel was ineffective for failing to call Pestano's girlfriend as a witness.
3. Whether the appellate court could reweigh conflicting testimony from an evidentiary hearing when reviewing the denial of post-conviction relief.

Disposition

affirmed