Rios v. Moore

On Petition for Belated Appeal

COPE, J.

Carlos Rios petitions for a belated appeal, contending that an appeal filed on his behalf should not have been voluntarily dismissed. We appointed the Honorable Mark King Leban to serve as a commissioner of this court and take testimony. The Commissioner has recommended that the petition for belated appeal be denied, and we agree.

Defendant-petitioner Rios entered into a plea bargain for a five-year sentence on drug trafficking charges. The Commissioner found as a factual matter that the defendant never requested that an appeal be taken. However, when the…