[SUPREME] Carlos Tacio Ortiz v. State of Indiana, No. 25S-CR-00303

In 2009, Ortiz pleaded guilty to murder. The written plea agreement said Ortiz waived the right to challenge his sentence as erroneous and to request relief under Indiana Appellate Rule 7(B). The trial court never advised Ortiz he had the right to appeal an illegal sentence, and Ortiz did not file a direct appeal. In March 2022, Ortiz sought permission to file a belated appeal, which the Elkhart Circuit Court denied. The Court of Appeals reversed and remanded, finding Ortiz was not at fault for the delay in filing and was diligent in seeking permission to file a belated appeal. Ortiz v. State, No. 25A-CR-25 (Ind. Ct. App. May 30, 2025) (mem.), vacated. The Indiana Supreme Court has granted the State's petition to transfer and assumed jurisdiction.