Netters v. State

OPINION

RILEY, Judge.

This is an appeal from the dismissal of appellant’s petition for post-conviction relief. The sole issue is whether appellant was deprived of effective assistance of counsel at the time of entry of his prior guilty plea. Based upon the factual findings of the trial court, we conclude that appellant’s counsel had a conflict of interest. Since this conflict is presumptively prejudicial to appellant, we must set aside the guilty plea and remand for further proceedings.

PROCEDURAL HISTORY

Appellant originally pled guilty to attempted second degree murder and aggravated burglary.…