Allen v. State

MODIFICATION OF OPINION

RATLIFF, Judge.

In our previous opinion in this case, Allen v. State (1980) Ind.App., 406 N.E.2d 976, we stated in the introductory paragraph of the DECISION section that the State had filed its appellee’s brief “after the expiration of the thirty-day period provided in Ind.Rules of Procedure, Appellate Rule 8.1(A).” At 978. As a result, we also said that Allen would only have to “make a prima facie showing of error in order to win a reversal.” Id.

Closer scrutiny of the proof of service of appellant’s brief which Allen filed with the Clerk of the Supreme Court and Court…