Allen v. State

OPINION

MATHIAS, Judge.

Mario Allen appeals the LaPorte Superi- or Court’s denial of his petition for post-conviction relief. Although Allen agrees with the post-conviction court’s finding that he was denied the assistance of appellate counsel, he argues that the proper remedy is a new trial. The State also agrees with the post-conviction court’s finding that Allen was denied the assistance of appellate counsel, but claims that the proper remedy is simply to permit Allen to proceed with the direct appeal that he was denied. We agree with the State and reinstate Allen’s direct appeal.

Facts and…