Seaborne v. State

In postconviction proceedings, the state stipulated and the trial court found that Robert E. Seaborne’s plea was involuntary in light of his counsel’s error in failing to reserve a dispositive suppression issue for appeal. However, rather than allowing Seaborne to withdraw his plea and plead anew, the decretal portion of the trial court’s order disposing of the motion for postconviction relief purports to grant Seaborne a belated appeal, thus giving rise to this proceeding. Appellant’s “notice of belated appeal” was filed within 30 days of rendition of the order on the motion for…