Dewitt v. State

OPINION

RILEY, Judge

STATEMENT OF CASE

Petitioner-Appellant, Alfrazier Dewitt (Dewitt), appeals the trial court’s denial of his Petition for Post-Conviction Relief.

We reverse and remand.

ISSUE

Dewitt raises three issues on appeal, one of which we find dispositive: whether at his guilty plea hearing, Dewitt waived his right to a jury trial.

FACTS AND PROCEDURAL HISTORY

On October 18, 1978, Dewitt pled guilty to burglary, as a Class C felony, and on October 31, 1978, the trial court ordered Dewitt to serve a two (2) year suspended sentence and placed him on probation. Subsequently, on July 6, 1992,…