In re Mendez CA5
M. Donnell Snipes (Snipes) represented petitioner at trial. On June 16, 2016, petitioner pled no contest to violations of Penal Code section 459 (burglary) and Health and Safety Code section 11377 (possession of a controlled substance). Petitioner also admitted priors pursuant to Penal Code section 667, subdivisions (b) and (d).
On August 17, 2016, petitioner was scheduled to return for sentencing, but failed to appear. On September 12, 2016, petitioner was sentenced to four years in prison. On September 29, 2016, petitioner contacted Snipes and requested the matter be placed back on calendar so he could withdraw his plea and file an appeal. On October 1, 2016, Snipes submitted the request to place the matter on calendar, and the court calendared the matter for October 27, 2016. On October 27, 2016, petitioner was not present in court and the matter was dropped. Snipes did not file a notice of appeal at that time.
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