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CRUITE v. STATE

No. 03A04-0511-PC-651.

853 N.E.2d 487 (2006)

Arvin CRUITE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 31, 2006.

Attorney(s) appearing for the Case

Donald J. Dickherber, Columbus, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Michael Gene Worden, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Chief Judge.

Arvin Cruite appeals the trial court's order denying permission to file a belated notice of appeal. He raises several issues, of which we find one dispositive: whether the trial court erred in denying his petition for leave to file a belated notice of appeal.

We reverse.

FACTS AND PROCEDURAL HISTORY

On December 7, 1998, Cruite pled guilty to fraud on a financial institution1

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