Appellate court hears appeal after victim recanted; state says appeal and petition untimely

An appellate panel heard oral arguments on a petition to overturn a 2011 conviction after the alleged victim recanted, but the state urged the court to dismiss the appeal as untimely and said the recantation does not establish actual innocence.

Cline Preston, counsel for the petitioner and appellant, told the court he represents “the petitioner and the appellant in this matter, mister Chroma.” Preston said the appellant already “served his time, both incarceration and then probation,” but continues to suffer because he remains on an offender registry and therefore is subject to ongoing punishment.

“Which I think is the overriding most important factor in this matter,” Preston said. He asked the court to use its equitable powers to extend the one-year statute of limitations so the case could be considered on the merits, arguing the ongoing placement on the…