Galante v. State
Galante filed a pro se petition alleging ineffective assistance of appellate counsel for failing to challenge his illegal PRR sentence for false imprisonment. The Fourth DCA rejected the State's argument that Galante could not bring the claim because he had filed a pro se brief during Anders review, clarifying that filing such a brief does not equate to self-representation or waive later IAC claims. The court granted the petition in part, holding the PRR sentence for false imprisonment illegal and remanding to strike it.
Key facts
- Galante filed a pro se petition for ineffective assistance of appellate counsel, alleging his appellate counsel failed to challenge an illegal Persistent Repeat Offender (PRR) sentence imposed for false imprisonment.
- The State argued Galante was barred from bringing the claim because he had filed a pro se brief during Anders review, contending this constituted self-representation and waived any subsequent ineffective assistance claims.
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Why it matters
This opinion is useful to postconviction practitioners because it clarifies that a defendant's participation in Anders review by filing a pro se brief does not bar a later ineffective-assistance-of-appellate-counsel… — full analysis with a trial
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