final until disposition of timely filed motion for rehearing.
Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)
from the Circuit Court for Miami-Dade County, Lower Tribunal
No. 87-35599A Stacy D. Glick, Judge.
Delgado, in proper person.
Moody, Attorney General, for appellee.
EMAS, C.J., and FERNANDEZ and MILLER, JJ.
Delgado appeals from the trial court's order summarily
denying his successive motion for postconviction relief filed
in May 2019, pursuant to Florida Rule of Criminal Procedure
3.850. In that motion, Delgado asserted that, unbeknownst to
him, the prosecutor had conveyed a twenty-five-year plea
offer to Delgado's counsel immediately before trial in
1988. Delgado further asserts that: 1) his attorney never
communicated this twenty-five-year plea offer to him; 2)
Delgado did not become aware of this twenty-five-year plea
offer until October 2018; and 3) had Delgado's attorney
timely communicated this twenty-five-year plea offer, Delgado
would have accepted that plea offer instead of going to trial
(where Delgado was convicted and later sentenced to life in
prison). We hold that Delgado's claim is procedurally
barred, as will be discussed below.
the point, Delgado's claim of newly-discovered evidence
is wholly undermined by one of Delgado's own previous pro
se pleadings. As will be seen, Delgado's prior pleading
compels affirmance of the trial court's order, and, in
addition, appears to warrant the imposition of sanctions for
the filing of a sworn pleading containing false and
May 2019 pro se motion for postconviction relief, Delgado
averred the following under oath:
Prior to commencement of the 1988 trial, the trial court
extended a 15-year plea offer, but that offer was conditioned
on all three defendants (Delgado and his two co-defendants)
each accepting a plea offer.
Because one of Delgado's co-defendants rejected the plea
offer, Delgado was unable to accept the 15-year plea offer.
Although Delgado was unaware at the time, the State had made
a plea offer of twenty-five years (not conditioned on
co-defendants accepting a plea offer) and communicated ...