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State v. Jaramillo

11/18/2003

port his assertions that he is innocent and that he was "railroaded" into accepting the state's plea offer.


Nor do we find any merit in counsel's statement that Jaramillo wrote the court a letter that the court failed to address before entering its first order deeming Jaramillo's notice of post-conviction relief withdrawn. Counsel's appendix to the petition for review actually contains four letters Jaramillo wrote, none of which is actually addressed to the trial court. They are instead addressed to the clerk of the court or a deputy clerk, asking about the status of his case. In any event, the statements in Jaramillo's letters are similar to those he made in his numerous Rule 32 notices and petitions and include documents from a civil proceeding he had filed in the United States District Court and inquiries about his retirement benefits in another state. None of those documents stated a colorable claim entitling Jaramillo to post-conviction relief.


Accordingly, although we grant the petition for review, we deny relief.


PHILIP G. ESPINOSA, Chief Judge


CONCURRING:


JOHN PELANDER, Presiding Judge


PETER J. ECKERSTROM, Judge






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