Beverage v. State

I must respectfully dissent from the majority opinion because I believe it is premature to remand this case for a hearing at this time. As the majority notes, the record contains a competency evaluation that appears | ]0to be missing three pages. Because we cannot conduct a proper evaluation of the record without the missing pages, I believe we should remand for the limited purpose of settling the record before addressing the merits of the points on appeal.

Our law is clear that the trial court is not required to hold a hearing on a post-conviction petition if the record conclusively shows…