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Carlos T. Ortiz v. State of Indiana
No. 25S-CR-303
Appeal from the Elkhart Circuit Court, Judge Michael A. Christofeno. Carlos T. Ortiz sought to bring a belated appeal after pleading guilty to murder, arguing that an improper aggravator was used during sentencing. The Indiana Supreme Court affirmed the trial court’s dismissal of Ortiz’s petition for belated appeal, ruling that he was not an “eligible defendant” because he waived his right to appeal under the plea agreement and did not assert that his sentence was illegal as defined in prior case law. The dismissal was modified to be without prejudice. Justice Slaughter authored the opinion, with Chief Justice Rush and Justices Massa and Molter concurring, while Justice Goff concurred with a separate opinion. Attorneys for appellant: Amy E. Karozos, public defender; Archer “Randy” Rose Jr. and Emily L. Hopp, deputy state public defenders. Appellee’s attorneys: Office of the Indiana Attorney General.
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