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March 04, 2005

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Myron

After entering into a plea to gain my release, in addition to being convicted a second time of a crime that was the subject of a previous final judgment, which was set aside and vacated due to post-conviction DNA testing that excluded myself and the victim as being the source of the DNA stain, the court ordered that I waived my appellate rights. I now learn that I could have appealed my no contest or guilty plea if I had filed a notice of appeal within 60 days of the entry of judgment on state statutory and federal constitutional grounds, i.e., once in jeopardy and a former judgment of conviction or acquittal of the offense charged under California law, and denial of the procedural defense of double joepardy because my prior conviction was not ovetruned on appeal, no mistrial was delcared nor was I acquitted, which is guaranteed under the Fifth Amendment and applicable to the states under the Fourteenth Amendment as due process of law. I believe that the State of California has committed a serious violation of both my civil and constitutional rights.

S.cotus

Thank you for your story. I suggest that you contact a lawyer who can assist you.

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