Butler v. State

STATON, Judge.

Gerry Butler appeals the denial of his petition for post conviction relief, presenting three issues for this court's review:

I. Whether Butler's guilty plea was supported by a sufficient factual basis;

II. Whether Butler was denied the effective assistance of counsel;

III. Whether the post conviction court erred by allowing the expert testimony of a Deputy Prosecutor.

*827The first of these issues is dispositive. We reverse the denial of post conviction relief.

On May 9, 1987, Butler was involved in an automobile collision that caused the death of one person and seriously injured four…