ANDRES CARRENO, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Andres Carreno filed a habeas corpus petition seeking to file a belated appeal after pleading guilty to second-degree murder and aggravated child abuse. The court appointed a commissioner to conduct an evidentiary hearing to determine whether Carreno had timely requested his attorney to appeal, and ultimately denied the petition based on credible evidence that no such request was made.
The court held that Carreno did not timely request that his trial attorney file an appeal after pleading guilty to the charges, and therefore his petition for a writ of habeas corpus to file a belated appeal was properly denied.
[1] A defendant who unequivocally states during a plea colloquy that they understand they are waiving their right to appeal cannot later seek a belated appeal based on a clai…
[2] A court may appoint a commissioner to conduct an evidentiary hearing and make factual findings regarding a defendant's claim of requesting a belated appeal.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A review of the defendant's plea colloquy reflects that he unequivocally stated that he understood that by pleading guilty he was waiving his right to appeal.”
Establishes that Carreno knowingly and expressly waived his appeal rights during the guilty plea
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Join FLexlaw to unlock all legal intelligenceOn April 3, 2003, Carreno pleaded guilty to second-degree murder and two counts of aggravated child abuse. During the plea colloquy, Carreno stated he…
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ROTHENBERG, Judge.
The petitioner, Andres Carreno, filed a petition for writ of habeas corpus, seeking permission to file a belated appeal. We deny the petition. On April 3, 2003, the defendant, Carreno, pled guilty to second degree murder and two counts of aggravated child abuse. A review of the defendant’s plea colloquy reflects that he unequivocally stated that he understood that by pleading guilty he was waiving his right to appeal. However, in his petition, Carreno alleges that after pleading guilty but prior to leaving the courtroom, he asked his attorney to file an appeal. In response, the State claims it contacted Carreno’s attorney who denied having any discussions with Carreno regarding the filing of a direct appeal. In order to resolve this factual dispute, this court appointed the Honorable Jerald Bag-ley to act as a Commissioner, to conduct an evidentiary hearing, and to make a factual finding whether the defendant had timely requested his trial counsel to file an appeal. See State v. Trowell, 739 So. 2d 77, 81 (Fla.1999); Walker v. State, 742 So. 2d 342 (Fla. 3d DCA 1999).
After conducting an evidentiary hearing at which Carreno’s first and second chair trial attorneys testified, as did Carreno himself, the Commissioner submitted his report wherein he concluded that there was no credible evidence presented to support the defendant’s claim in this petition.
We have reviewed both the well-reasoned report of the Commissioner and the transcript of the proceedings and conclude, as did the Commissioner, that the defendant did not timely request that his trial attorney file an appeal after pleading guilty to the charges. We thank the Commissioner for assisting the court, and deny the defendant’s petition seeking a belated appeal.
Petition denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Trowell, 739 So. 2d 77 (Fla. 1999)
- Walker v. State, 742 So. 2d 342 (Fla. 3d DCA 1999)