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Published by the Indiana Office of Court Services

Dawson v. State, No. 49S02-1103-CR-176, __ N.E.2d __ (Ind., March 29, 2011)

April 1, 2011 Filed Under: Criminal Tagged With: Per Curiam, Supreme

PER CURIAM
. . . A threshold question in this appeal is whether Post-Conviction Rule 2 allows belated appeals from an order revoking probation. The Court of Appeals held that the rule did not apply and declined to consider Dawson’s appeal on the merits. Dawson v. State, 938 N.E.2d 841, 844-46 (Ind. Ct. App. 2010).
The Court of Appeals correctly decided that belated appeals from orders revoking probation are not presently available pursuant to Post-Conviction Rule 2. We agree with the Court of Appeals’ analysis that the sanction imposed when probation is revoked does not qualify as a “sentence” under the Rule, and therefore Dawson is not an “eligible defendant.” Accordingly, we grant transfer and adopt and incorporate by reference the opinion of the Court of Appeals under Appellate Rule 58(A)(1).
Shepard, C.J., and Dickson, Sullivan, Rucker and David, JJ., concur.

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