McMorrow v. State

SANDSTROM, Justice.

Patrick T. McMorrow appeals from a trial court judgment dismissing his application for post-conviction relief. Because McMorrow’s notice of appeal was not timely filed, we remand to the trial court to determine, under Rule 4(a), N.D.R.App.P., whether there was excusable neglect for the late-filed notice of appeal.

I

In October 1992, Patrick T. McMorrow was convicted by a jury of gross sexual imposition in violation of N.D.C.C. § 12.1-20-03(l)(a). McMorrow appealed his conviction to this Court, which affirmed the conviction. State v. McMorrow, 503 N.W.2d 848 (N.D.1993). In…