Forrest R. Ferguson v. State of Indiana

Opinion

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any Nov 14 2014, 9:17 am court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

APPELLANT PRO SE: ATTORNEYS FOR APPELLEE:

FORREST R. FERGUSON GREGORY F. ZOELLER Pendleton, Indiana Attorney General of Indiana

KARL M. SCHARNBERG Deputy Attorney General Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

FORREST R. FERGUSON, )

)

Appellant-Defendant, )

)

vs. ) No. 49A02-1406-CR-406 )

STATE OF INDIANA, )

)

Appellee-Plaintiff. )

APPEAL FROM THE MARION SUPERIOR COURT 5 The Honorable Grant Hawkins, Judge Cause No. 49G05-8908-CF-095841

November 14, 2014

MEMORANDUM DECISION ON REHEARING- NOT FOR PUBLICATION

FRIEDLANDER, Judge

We grant Ferguson’s petition for rehearing for the limited purpose of

correcting statements that we lacked jurisdiction to consider his untimely appeal of

the trial court’s February 20, 2014 order denying additional credit time. Days

after our decision, the Indiana Supreme Court held that an untimely appeal is not a

jurisdictional defect. In re Adoption of O.R., 16 N.E.3d 965 (Ind. 2014). The

Court explained that the right to appeal is forfeited by an untimely appeal, subject

to restoration of the right where “extraordinarily compelling reasons” exist. Id. at

971. No extraordinarily compelling reasons exist in this case. Therefore, despite

our erroneous references to jurisdiction, dismissal was warranted with respect to

Ferguson’s forfeited appeal of the February 2014 order.

VAIDIK, C.J., and MAY, J., concur.