Owen v. State

— Defendant-appellant Richard L. Owen (Owen) brings this appeal from a denial of his petition for post-conviction relief.

FACTS.

In October, 1970, Owen was charged with- the crime of robbery while armed; However, after negotiations between Owen’s trial attorney and the prosecutor, the original charge was dismissed and Owen pled guilty to a charge of theft.

The record discloses no further action -with regard to the theft conviction until October, 1971, at which time the trial court received a petition for post-conviction relief, which alleged that the guilty plea was “obtained by trick,” and that…