P. v. Torres
On July 18, 2011, appellant, Jesus Torres, filed a petition for writ of error coram nobis with the trial court. Appellant’s writ was based on his contention that when he was convicted of a drug offense in 1998, he was not notified that his conviction could later be used to increase his sentence for a future federal offense. Appellant was subsequently arrested for a federal offense, pled guilty in that action, and his state court conviction was allegedly used to triple his sentence in the federal case. Appellant asserted to the trial court that his trial counsel in the state court action failed to inform him at any time that a consequence of his guilty plea could result in the enhancement of penalties in future criminal actions.
On July 21, 2011, the trial court held that appellant’s writ of error coram nobis failed to raise a cognizable claim because it was based on an assertion of ineffective assistance of trial counsel. The court denied the writ. Appellant filed a timely notice of appeal.
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