Cruite v. State

OPINION

KIRSCH, Chief Judge.

Arvin Cruite appeals the trial court’s order denying permission to file a belated notice of appeal. He raises several issues, of which we find one dispositive: whether the trial court erred in denying his petition for leave to file a belated notice of appeal.

We reverse.

FACTS AND PROCEDURAL HISTORY

On December 7, 1998, Cruite pled guilty to fraud on a financial institution 1 as a Class C felony, auto theft 2 as a Class D felony, and dealing in cocaine 3 as a Class B felony pursuant to a plea agreement. The plea agreement left sentencing to the discretion of the trial…