Tolson v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

James P. Tolson appeals from the trial court's denial of his petition to file a belated praecipe or a belated motion to correct errors.

We reverse.

ISSUE

Whether the trial court abused its discretion in denying Tolson's motion.

FACTS

A jury convicted eighteen year-old Tolson of rape and child molesting on February 24, 1993. Tolson has a learning disability, a verbal .Q. of 74, functions at the borderline of intellectual ability, has been held back in school twice, and has an eighth grade education. He received a ten year and a four year sentence, to be…