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ST. CLAIR v. STATE

No. 76A03-0708-CR-361.

880 N.E.2d 1213 (2008)

Bruce Wayne ST. CLAIR, Jr., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 20, 2008.

Attorney(s) appearing for the Case

Kimberly A. Jackson, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender Deputy Attorney General, Indianapolis, IN, for Attorneys for Appellee.

OPINION

MAY, Judge.

Bruce Wayne St. Clair, Jr. appeals the denial of his petition for leave to file a belated appeal. The State opposed St. Clair's petition on the ground St. Clair had waived his right to a direct. appeal by entering a plea agreement with a fixed plea. The trial court summarily denied St. Clair's petition. Finding St. Clair had an open plea and has met the requirements of Post-Conviction Rule 2, we reverse and remand.

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