Opinion
No. SC08-1492.
February 26, 2009.
Lower Tribunal No(s). F90-36048.
This is the mandatory appeal, properly brought by discharged counsel pursuant to Florida Rule of Criminal Procedure 3.851(i), of a trial court's order granting Jesus Delgado's pro se motion to waive state postconviction proceedings. We conclude that the trial court did not abuse its discretion in finding that Delgado is competent and in determining that Delgado understands the consequences of waiving state postconviction proceedings. See Fla.R.Crim.P. 3.851(i). Based upon the transcript of the hearing, it is clear that the trial court conducted a proper inquiry and that Delgado knowingly, intelligently, and voluntarily waived his right to state postconviction proceedings. See Alston v. State, 894 So. 2d 46, 57-58 (Fla. 2004). Accordingly, we hereby affirm the trial court's order finding Delgado competent and granting his pro se motion to waive state postconviction proceedings. QUINCE, C.J., and WELLS, PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.