Smith v. State

McKUSICK, Chief Justice.

Petitioner Robert Smith appeals the Superior Court’s summary dismissal of his pro se petition for post-conviction review. Because we agree with his appellate counsel’s contentions that his petition did not merit dismissal under the standard provided by M.R.Crim.P. 70(b), 1 we vacate the dismissal and remand the proceeding so that Smith may have the opportunity to amend his petition with the help of counsel.

On October 20, 1982, Smith plead guilty to a two-count indictment charging him with burglary, Class B, 17-A M.R.S.A. § 401 (1983), and theft, Class E, 17-A M.R. S.A.…