Pike v. State

SULLIVAN, Judge.

William E. Pike, III appeals the denial of his 1988 Petition for Permission to File a Belated Motion to Correct Errors. The contemplated Motion was to be directed against his 1985 jury conviction for Theft as a class D felony and his sentence of three years, two of which were suspended. The denial ruling was made summarily, without hearing and without a statement of the reasons for the denial. 1

Upon appeal Pike assumes that the denial was premised upon the court’s perception that Pike’s attempt to gain relief was a “total misuse” of Post Conviction Rule 2. In a colloquy…