Daniel v. Cupp

The state appeals an order in a post-conviction proceeding which granted petitioner a delayed appeal of his conviction. We affirm.

The facts are not in dispute. After a jury trial, petitioner was found guilty of robbery in the first degree. He was represented by appointed counsel at trial. Following his conviction, he requested that his appointed attorney file a notice of appeal. At the sentencing hearing, defendant’s counsel requested that the court set bail on appeal. The request was denied, and defendant was sentenced to 15 years incarceration. After he arrived at the penitentiary, he wrote…