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Delgado v. State

Florida Court of Appeals, Third District

October 23, 2019

Luis Delgado, Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An 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.

          Luis Delgado, in proper person.

          Ashley Moody, Attorney General, for appellee.

          Before EMAS, C.J., and FERNANDEZ and MILLER, JJ.

          EMAS, C.J.

         INTRODUCTION

         Luis 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.

         More to 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 fraudulent allegations.

         BACKGROUND AND FACTS

         In his May 2019 pro se motion for postconviction relief, Delgado averred the following under oath:

         1. 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.

         2. Because one of Delgado's co-defendants rejected the plea offer, Delgado was unable to accept the 15-year plea offer.

         3. 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 ...


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