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WITT v. STATE

No. 45S00-0608-CR-283.

867 N.E.2d 1279 (2007)

Darren WITT, Appellant/Cross-Appellee (Defendant below), v. STATE of Indiana, Appellee/Cross-Appellant (Plaintiff below).

Supreme Court of Indiana.

June 12, 2007.

Attorney(s) appearing for the Case

Darren Witt, Michigan City, IN, Appellant pro se.

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

SULLIVAN, Justice.

An individual who pleads guilty where the issue of sentencing is left to the trial court's discretion must challenge that sentence, if at all, in a direct appeal. When the time for appeal has expired, Post-Conviction Rule 2 permits such an individual to request permission to file a belated notice of appeal. But the grant of such permission is not automatic. In this case, Darren Witt did not meet the...

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