Cottingham v. State

This is an appeal from the denial by the trial court of appellant’s petition for permission to file a belated motion to correct errors. The sole assignment of error is that the trial court’s action was contrary to law.

The following is the sequence of events which has lead to this appeal. In a trial by the court, Cottingham was found guilty of armed robbery and ordered imprisoned for twenty-five years. On appeal the conviction was affirmed by this Court. 1 In March of 1974, Cottingham filed a petition seeking post conviction relief pursuant to Ind. R. P. C. 1. In that petition, it was…