In re Garcia
On March 20, 2012, petitioner pled no contest to voluntary manslaughter (Pen. Code § 192, subd. (a). Petitioner claims that prior to sentencing he unsuccessfully moved to withdraw his plea. On May 30, 2012, petitioner was sentenced to 29 years in state prison.
Petitioner asked his attorney to file a notice of appeal on his behalf. Despite counsel’s agreement to file a notice of appeal, counsel failed to do so.
On July 15, 2012, petitioner signed a notice of appeal and a request for a certificate of probable cause. The court deemed the appeal inoperative on July 17, 2012. The court denied petitioner’s request for a certificate of probable cause on July 24, 2012.
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