Opinion
No. 49A02–1406–CR–406.
11-14-2014
Forrest R. FERGUSON, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff.
Forrest R. Ferguson, Pendleton, IN, appellant, pro se. Gregory F. Zoeller, Attorney General of Indiana, Karl M. Scharnberg, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Forrest R. Ferguson, Pendleton, IN, appellant, pro se.
Gregory F. Zoeller, Attorney General of Indiana, Karl M. Scharnberg, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
MEMORANDUM DECISION ON REHEARING—NOT FOR PUBLICATION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.