BARTEAU, Senior Judge.
George Cole appeals the denial of his petition for permission to file a belated notice of appeal following his 1963 murder conviction and life sentence. We affirm.
The sole issue in this appeal is whether the trial court abused its discretion by denying Cole's petition for permission to file a belated notice of appeal.
In 1961, a cab driver was shot at the corner of 23rd and North Illinois Streets in Indianapolis. Cole was later charged with first degree murder and murder in attempt to perpetrate a robbery. In 1963, on the day of trial, Cole pleaded guilty to the lesser included offense of second degree murder. The trial court accepted the plea, entered a judgment of conviction, and dismissed the second count on the State's request. At his sentencing hearing, Cole asked to withdraw his guilty plea, stating only that he had changed his mind and would rather be tried. The court denied the request and imposed the then-statutorily-mandated sentence of life imprisonment. Cole did not file a direct appeal.
In 1969, six years after sentencing, Cole filed a petition for post-conviction relief. The court appointed counsel for Cole and later heard evidence at a hearing. The petition was denied on March 22, 1971.
On April 2, 1971, Cole escaped from prison. Thirty years later in April 2001, he was apprehended and returned to prison. During his thirty-year period of escape, Cole neither talked to an attorney about his case nor tried to challenge his conviction or sentence. Upon being returned to prison, he filed several items, including the following:
It was not until April 2012, nearly forty-nine years after his conviction and eleven years after he was returned to prison, that Cole filed a motion asking the court to appoint counsel to pursue a belated appeal. The court appointed counsel the same month, and counsel subsequently filed a petition for permission to file a belated notice of appeal. The State responded to the petition. At a hearing, Cole claimed he was unaware he could seek permission to file a belated appeal until April 2012. He also claimed he had proceeded pro se on everything he had filed from the time after his conviction up until the appointment of counsel in April 2012.
The court issued an order after taking the matter under advisement. In the order, the court determined that Cole was not credible in claiming he had just learned of the possibility of filing a belated notice of appeal. It further noted that a fact in favor of Cole was that he had not been advised of his right to appeal the denial of his request to withdraw his guilty plea, but it weighed that fact against his escape. The court then concluded:
Appellant's App. p. 10. The court thus denied the petition for permission to file a belated notice of appeal. Cole now appeals.
Belated notices of appeal are governed by Indiana Post-Conviction Rule 2(1), which provides:
We review a trial court's ruling on a petition for permission to file a belated notice of appeal for an abuse of discretion.
Cole contends he was both without fault in failing to file a timely notice of appeal and diligent in pursuing permission to file a belated notice of appeal. The State does not concede the lack of fault component but addresses only Cole's lack
The essence of Cole's argument is that he was diligent because he pursued a belated appeal as soon as he learned from a fellow inmate in April 2012 that he could do so. He says his numerous filings since he was returned to prison are evidence he would have already pursued a belated appeal had he known of that option.
However, the trial court explicitly found that Cole was not credible in claiming he had just learned of the possibility of filing a belated notice of appeal. We may not disturb that credibility determination on appeal. See id. at 424 ("The trial court is in a better position to weigh evidence, assess the credibility of witnesses, and draw inferences.").
In any event, Cole claimed he had never had counsel at any time after his conviction up until the appointment of counsel in April 2012. But the record shows he had the assistance of counsel in his proceedings for post-conviction relief and in filing a request with this Court to file a successive petition for post-conviction relief. This contradiction may well have reflected on Cole's credibility. That he had counsel in those proceedings may also have led the trial court to believe that at least one of his attorneys would have discussed with him the possibility of a belated appeal. Regardless of the basis of the court's credibility determination, it was well within its discretion to disbelieve Cole's claim that he had just learned about belated appeals.
Given that the trial court did not believe Cole's claim as well as the fact that nearly five decades had passed from the time of his conviction until he finally sought an appeal under Post-Conviction Rule 2, we cannot say the court abused its discretion by concluding Cole was not diligent in pursuing permission to file a belated notice of appeal and by thus denying his petition for permission to file a belated notice of appeal.
We therefore affirm.
ROBB, C.J., and BROWN, J., concur.