On April 21, 2017, Wilfredo Cardenas filed a petition for writ of habeas corpus with this Court seeking a belated appeal. In 2014, Cardenas accepted a plea' agreement in which he pled guilty to second degree murder. The trial court sentenced Cardenas to eighteen years in prison, followed by three years of probation.

In his petition seeking a belated appeal, Cardenas asserts that, at the conclusion of his sentencing hearing, he “requested defense counsel to file a Notice of Appeal in behalf of the trial court’s order denying Defendant’s motion to suppress.” Cardenas’s defense counsel did not file a notice of appeal. 1 The record reflects that there is no trial court order denying a motion to suppress.

We ordered the State to file a response wherein the State advised the. Court that it contacted Cardenas’s defense counsel who maintained that Cardenas had not requested that he file a notice of appeal. The State incorporated an email exchange with defense counsel as an exhibit to its response. Accordingly, the State has raised a good faith basis to dispute Cardenas’s claim that he requested his counsel to appeal the trial court’s denial of his alleged motion to suppress. 2 Parrish v. State, 201 So.3d 145, 145-46 (Fla. 3d DCA 2016).

We appoint as á commissioner, Judge Monica Gordo (the trial judge below), to conduct an evidentiary hearing and determine the limited, disputed fact on which the instant petition is based: whether Cardenas instructed his defense counsel to file a notice of appeal. Id. at 146. In order to allow Judge Gordo the opportunity to conduct .an evidentiary hearing, make the required determination, and transmit a report of such determination to this Court, the proceedings of the instant petition shall be held in abeyance for sixty days from the date of this order.

Commissioner appointed; petition held in abeyance.