AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant, Miguel Hoffman, entered a no contest plea to charges of kidnapping; criminal sexual penetration (commission of a felony); and aggravated battery against a household member (great bodily harm) [para 1].

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (Defendant): Argued that his plea and the untimely filing of his notice of appeal were due to ineffective assistance of counsel. He requested the Court to extend the presumption of ineffective assistance of counsel to his case, asserting that the record clearly demonstrates his trial counsel's ineffectiveness [paras 3, 4].
• Appellee (State): [Not applicable or not found]

Legal Issues

• Whether the Defendant's untimely notice of appeal can be excused due to ineffective assistance of counsel.
• Whether the Defendant can withdraw his no contest plea on the grounds of alleged ineffective assistance of counsel.

Disposition

• The Court dismissed the appeal [para 6].

Reasons

• Per J. MILES HANISEE (JONATHAN B. SUTIN, Judge, M. MONICA ZAMORA, Judge concurring): The Court found that the Defendant's situation did not warrant an extension of the presumption of ineffective assistance of counsel for his untimely notice of appeal. The Court distinguished the Defendant's circumstances from those in a precedent case, noting that the Defendant had counsel during his plea agreement and did not file a motion to withdraw his plea before the untimely notice of appeal. The Court suggested that the Defendant could pursue his claim of ineffective assistance of counsel through a habeas corpus petition, noting that a petition had already been filed and a stay was in place pending the final mandate from the Court of Appeals [paras 3-5].