Carlos Tacio Ortiz v. State of Indiana

Summary

The court held that Ortiz was not eligible for a belated appeal because his plea-agreement waiver barred his challenge to the sentencing court’s allegedly improper aggravating factor. Under the governing rule, a defendant with an appeal waiver is eligible for a belated appeal only if the proposed claim would overcome the waiver, including by alleging a sentence outside the statutory range or one that is unconstitutional. The court affirmed the denial of relief but remanded for the petition to be dismissed without prejudice.