Avery v. State

HUNTER, Justice.

The petitioner, Robert Avery, is before this Court appealing from the denial of his petition for post-conviction relief. The petitioner had pled guilty to murder and had been sentenced to a forty-year term of imprisonment. This appeal from the denial of relief presents three issues for review, one of which compels us to reverse the trial court's judgment and order the guilty plea vacated.

The petitioner was charged with murder on July 12, 1978. On December 20, 1978, the petitioner entered a plea of guilty, which was conditionally accepted by the trial court. The plea was…