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GREEN v. STATE

No. 02A03-9202-CR-39.

593 N.E.2d 1237 (1992)

Kenneth L. GREEN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Transfer Denied July 29, 1992.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, John A. England, Deputy Public Defender, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

GARRARD, Judge.

A jury convicted Green of burglary and he declined to take a direct appeal. Two years later he petitioned pursuant to PC 2 for permission to file a belated praecipe and the court denied relief. This appeal followed.

Green contends the court erred in failing to conduct a hearing upon his petition and abused its discretion in denying relief. We disagree.

PC 2, § 1 permits the filing of a belated praecipe upon a showing that the failure...

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