Third District Court of Appeal
State of Florida
Opinion filed March 17, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-0360
Lower Tribunal No. F07-12440A
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Ramon Pimental,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Ramon Pimental, in proper person.
Ashley Moody, Attorney General, and Michael W. Mervine, Chief
Assistant Attorney General, for respondent.
Before MILLER, GORDO, and BOKOR, JJ.
PER CURIAM.
Denied. See Pimental v. State, 301 So. 3d 944 (Fla. 3d DCA 2019);
Pimental v. State, 187 So. 3d 1251 (Fla. 3d DCA 2016); Pimental v. Jones,
177 So. 3d 1270 (Fla. 2015); Pimental v. State, 195 So. 3d 383 (Fla. 3d DCA
2015); Pimental v. Fla. Dep’t of Corr., 574 U.S. 980, 135 S. Ct. 473, 190 L.
Ed. 2d 339 (2014); Pimental v. Fla. Dep’t of Corr., 560 F. App’x 942 (11th
Cir. 2014); Pimental v. State, 83 So. 3d 733 (Fla. 3d DCA 2011); Pimental v.
State, 59 So. 3d 108 (Fla. 2011); Pimental v. State, 50 So. 3d 1148 (Fla. 3d
DCA 2010); Pimental v. State, 20 So. 3d 1012 (Fla. 3d DCA 2009); see also
Knight v. State, 286 So. 3d 147, 151 (Fla. 2019) (“Properly understood, the
fundamental error test for jury instructions cannot be met where, as in this
case, there was no error in the jury instruction for the offense of conviction
and there is no claim that the evidence at trial was insufficient to support that
conviction. In such circumstances, one cannot plausibly claim that the
conviction ‘could not have been obtained’ without the erroneous lesser
included offense instruction or that the error vitiated the basic validity of the
trial.”); Marshall v. State, 240 So. 3d 111, 118 n.7 (Fla. 3d DCA 2018)
(Generally, “appellate counsel cannot be ineffective for failing to predict
future changes in the legal landscape that occur years after a defendant's
sentence and conviction become final.”).
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