Forrest R. Ferguson v. State of Indiana ( 2014 )

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MEMORANDUM DECISION ON REHEARING- NOT FOR PUBLICATION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.
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