Geisinger v. State

OPINION

Judge HANLEY.

This petition for review raises the question of what statute of limitation applies to the filing of an application for post-conviction relief by a defendant who pursued a direct appeal of his sentence but not his conviction.

Byron F. Geisinger was convicted of several crimes after a fatal motor vehicle collision, and he was sentenced to 16% years to serve. 1 He appealed his sentence, arguing that it was excessive and that the court erred by rejecting his proposed statutory mitigating factor. 2 We affirmed Geisinger's sentence. 3

Geisinger then filed an application for…