People v. Mena

A jury found defendant, Francisco Mena, guilty of first degree murder. After sentencing, defendant’s lawyer filed a notice of appeal. He filed no appellate brief and no record for appeal. When defendant discovered that this court had dismissed his appeal for want of prosecution, he filed a postconviction petition, claiming that counsel’s ineffective assistance deprived him of his right to appeal. The trial court dismissed the petition as frivolous. Defendant appeals.

A year after the trial court dismissed the postconviction petition, defendant obtained new counsel who filed a motion to vacate…