Court of Appeal for Ontario

Date: 2018-07-16

Docket: M49148 & M49157 (C62648)

Judges: Benotto, Trotter and Paciocco JJ.A.

Between

Her Majesty the Queen Respondent

and

Devon Horsford Appellant

Counsel

Matthew Gourlay – duty counsel for the appellant

Ian Bell – for the respondent

Heard: July 10, 2018

Reasons for Decision

[1] Devon Horsford brings this motion to re-instate his appeal from conviction and to seek an extension of time to seek leave to appeal his sentence.

[2] Mr. Horsford was convicted in 2016. His then counsel Daniel Santoro filed a Notice of Appeal within the required time. He was sentenced thereafter and no appeal from sentence was filed.

[3] On March 8, 2018, Mr. Santoro filed a Notice of Abandonment of the appeal. Mr. Horsford submits that he did not give instructions to abandon the appeal. Mr. Santoro confirmed by email to the Pro Bono Inmate Appeal Program that the instructions came from Mr. Horsford's brother, not Mr. Horsford.

[4] Under these circumstances, the Crown does not oppose the requests.

[5] We are satisfied that Mr. Horsford intended to pursue his appeal and did not realize that a separate notice was required for leave to appeal his sentence. There is no prejudice to the Crown.

[6] Mr. Horsford's conviction appeal is re-instated and the appeal may include leave to appeal sentence. He is in the process of retaining counsel.

[7] The matter is adjourned to October 2, 2018 to be spoken to.

"M.L. Benotto J.A."

"G.T. Trotter J.A."

"David M. Paciocco J.A."