The applicant sought leave to extend the time to file a notice of appeal from his conviction for assault with a weapon, entered following a guilty plea.
He argued his plea was uninformed regarding potential deportation consequences.
The court applied the test for extending time to appeal and found the applicant lacked a bona fide intention to appeal within the prescribed time, failed to properly account for the delay, and his counsel did not act diligently.
Furthermore, the court found the applicant's claims regarding his lack of knowledge of immigration consequences lacked credibility and contradicted the record from the plea hearing.
The application was dismissed.
