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SIMMONS v. STATE

No. 473S77.

310 N.E.2d 872 (1974)

Phillip Lee SIMMONS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 14, 1974.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender of Ind., David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Larry C. Gossett, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Justice.

This is an appeal from the denial of a petition for permission to file a belated motion to correct errors following a denial of appellant's petition filed pursuant to post-conviction remedy Rule 1.

It is the position of the State that the trial court was correct in refusing to permit a belated motion to correct errors for the reason that

"The ends of justice do not require the allowing of a belated motion to correct errors, where the...

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