California found Lucio Flores-Ortega, who had one count of murder, two counts of assault, and a personal use of a deadly weapon, guilty. He pleads guilty in October 1993 in Superior Court. He was accompanied by his public defender, Nancy Kops, and a Spanish language interpreter.
Because of his guilty plea, both assault charges were dropped. The prosecutor of the state also moved to strike the allegation on Ortega’s personal use of a deadly weapon charge.
Ortega was sentenced to 15 years to life in state prison.
The judge informed Ortega, after the sentence that he may file for appeal within 60 days after his appearance in court.
Ms. Kops was appointed to help him file for appeal, and even told Mr. Ortega to bring appeal papers.
No notice of appeal was filed within Ortega’s 60 day limit allowed by the state law.
Ortega tried to file for an appeal but it was seen as untimely.
Kops had not filed for the appeal like she had promised Mr. Ortega.
Ortega filed a federal habeas petition based on his ineffective assistance due to Kop’s failure in noting his appeal after she had promised him she would.
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