Nine v. State

MEMORANDUM DECISION

MILLER, Justice.

Robert Lee Nine, Jr. appeals from the denial of his petition for post-conviction relief under Indiana Rules of Procedure, Post-Conviction Rule 1, alleging the trial court erred in finding the state had met its burden of proof on the defense of laches and denying Nine's petition on that ground. We affirm.

On August 24, 1979, Nine was charged by information with possession of marijuana. On October 9, of the same year he entered a plea of guilty. Nine was sentenced to two years imprisonment on November 1, 1979.

Nine filed a motion for modification of his…