Welches v. State

OPINION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Petitioner-Appellant Robert C. Welches appeals the trial court's denial of his petition for leave to file a belated notice of appeal.

We reverse and remand with instructions.

ISSUE

The following issue is dispositive: Whether the trial court erred in denying Welches' petition for leave to file a belated notice of appeal.

FACTS AND PROCEDURAL HISTORY

On January 5, 1995, Welches pled guilty to murder in an "open plea," and the trial court subsequently ordered him to serve a sentence of forty-two years. On December 3, 2002, the trial court denied…