Dawson v. State
2010 Ind. App. LEXIS 2378
| Ind. Ct. App. | 2010Background
- Dawson appeals the sanction following probation revocation; the State cross-appeals on jurisdictional grounds.
- Dawson pleaded guilty to conspiracy to commit robbery (Class B felony) and carrying a handgun without a license (Class A misdemeanor) on December 1, 2008, with an aggregate eight-year sentence suspended and three years of probation.
- Probation violation was filed April 23, 2009; at the revocation hearing Dawson admitted the violation and the court ordered six years in the DOC on May 1, 2009.
- On January 6, 2010, Dawson sought permission to file a belated appeal of the probation revocation order; the trial court granted it outright and Dawson later filed a belated notice of appeal.
- The State argued the trial court lacked authority to permit a belated appeal of a probation revocation order; the issue centered on whether Post-Conviction Rule 2 applies to probation revocation.
- The court ultimately concluded Post-Conviction Rule 2 does not apply to probation revocation and dismissed the belated appeal for lack of timely notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting a belated notice of appeal | State: no authority to permit belated appeal of probation revocation | Dawson: trial court properly granted belated appeal due to eligibility | Belated appeal not authorized; Post-Conviction Rule 2 does not apply to probation revocation |
Key Cases Cited
- Cooper v. State, 894 N.E.2d 993 (Ind.Ct.App.2008) (probation revocation review via belated appeal discussed (trans. granted))
- Cooper v. State, 917 N.E.2d 667 (Ind.2009) ( Supreme Court transfer discussion; belated appeal authority not resolved)
- Howard v. State, 653 N.E.2d 1389 (Ind.1995) (earlier strict construction of Post-Conviction Rule 2)
- Greer v. State, 685 N.E.2d 700 (Ind.1997) (belated denial of credit time outside purview of rule; rule's scope discussed)
- Jones v. State, 885 N.E.2d 1286 (Ind.2008) (probation revocation proceedings are not a criminal sentence for Rule purposes)
- Collins v. State, 817 N.E.2d 230 (Ind.2004) (open plea sentencing and direct review procedures related to Rule 2)
- Newton v. State, 894 N.E.2d 192 (Ind.2008) (trial court authority to grant belated appeal; Rule 2 applicability)