James v. State

DeBRULER, Justice.

This is an appeal from the denial of a petition for permission to file a belated motion to correct errors. The petition was filed and is governed by Post Conviction Rule 2, Section 2.

James was tried by a jury in absentia and sentenced in absentia on March 4, 1987. He was caught on April 24, 1987, and received by the Department of Correction on April 27, 1987, within sixty days from the date of sentencing, and thus within the sixty-day period granted by Criminal Rule 16 for filing the motion to correct errors. No timely motion to correct errors was filed, but on May 11, 1987,…