posted 2015 | G.P. v. State (criminal appeal)
This is an example of how choosing an experienced criminal appellate attorney makes the difference between winning and losing. The client entered an open plea and was sentenced to 20 years in prison for violating his probation for sex offenses. He was represented by a respected criminal trial attorney. The client filed his own pro-se motion to withdraw his plea alleging that his plea to the violations were not voluntarily entered. The trial court denied his motion and he filed an appeal. He was represented by a public defender for the appeal.
The public defender, an experienced criminal appellate attorney, filed an Anders brief with the appellate court and moved to withdraw as attorney of record. An Anders brief is filed to inform the court that the attorney reviewed the record on appeal and has determined that no errors occurred. The client’s family hired Mr. Forman, who informed them that he disagreed with the former lawyer. Mr. Forman advised them that he believed that the trial court was wrong when it denied the client’s motion. Mr. Forman filed his own brief in the case and the Fourth District Court of Appeal agreed and reversed the denial of the motion to withdraw plea. This is just another example of Mr. Forman finding an error that other lawyers overlook or simply are not familiar with criminal appellate law.