Legal Opinion

PHOVEMIRE v. State

Indiana Court of Appeals

Decided December 9, 2011No. 02A05-1106-CR-304Published

1Opinion of the Court

OPINION

MATHIAS, Judge.

Jeremy Phovemire (“Phovemire”) was convicted in Allen Superior Court of Class D felony domestic battery and Class A misdemeanor invasion of privacy. Pho-vemire appeals and argues that the trial court erred in sentencing him by miscalculating the amount of jail time credit he was due. The State cross-appeals and argues that this appeal should be dismissed because Phovemire’s belated notice of appeal was untimely filed. Concluding that this court lacks subject matter jurisdiction due to Phovemire’s failure to timely file his belated notice of appeal, we dismiss.

Facts and…

2Cases cited5 opinions

  1. Soft Water Utilities, Inc. v. Le FevreIndiana Supreme Court · 1973
  2. American States Ins. v. State Ex Rel. Jennings & BowmanIndiana Supreme Court · 1972
  3. Collins v. Covenant Mutual Insurance Co.Indiana Supreme Court · 1994
  4. Wente v. StateIndiana Court of Appeals · 1982
  5. Driver v. StateIndiana Court of Appeals · 2011

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