Gutermuth v. State

BOEHM, Justice.

Post-Conviction Rule 2 permits belated appeals of criminal convictions and sentences under some circumstances. We hold that this belated appeal of a sentence entered before a new constitutional rule of criminal procedure was announced is not governed by the new rule. Specifically, belated appeals of sentences entered before Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) are not subject to the holding in that case.

Factual and Procedural Background

On January 7, 1997, Warren Charles Gutermuth pleaded guilty to three counts of class C felony child…