Witt v. State

SULLIVAN, Justice.

An individual who pleads guilty where the issue of sentencing is left to the trial court’s discretion must challenge that sentence, if at all, in a direct appeal. When the time for appeal has expired, Post- Conviction Rule 2 permits such an individual to request permission to file a belated notice of appeal. But the grant of such permission is not automatic. In this case, Darren Witt did not meet the Rule’s requirement that he demonstrate by a preponderance of the evidence that he had been diligent in requesting permission to file a belated notice of appeal.

Background

In…