CHEEKS v. STATE

No. 46A03-8811-CR-353.

537 N.E.2d 526 (1989)

Morden CHEEKS, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Court of Appeals of Indiana, Third District.

May 1, 1989.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Kathleen A. Leseur, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.


HOFFMAN, Judge.

Petitioner-appellant Morden Cheeks appeals from the denial of his Petition for Permission to File a Belated Motion to Correct Errors. The sole issue raised on appeal is whether the denial of Cheeks' petition constituted an abuse of the post-conviction court's discretion.

A belated motion to correct error may be entertained by the trial court pursuant to Ind. Rules of Procedure, Post-Conviction Rule 2. That rule provides:

"Any defendant...

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