Kelly v. State

OPINION

BROWN, Judge.

Kenneth Kelly, pro se, appeals the post-conviction court’s denial of his petition for post-conviction relief. Kelly raises four issues, one of which we find dispositive and restate as whether the trial court erred in summarily denying Kelly’s petition. We reverse and remand.

The relevant facts follow. On August 25, 2004, the State charged Kelly with murder. Kelly pled guilty. 1 On December 15, 2004, Kelly filed a motion for determination of competency. That same day, the court ordered Kelly’s counsel to make arrangements with appointed psychiatrists or psychologists to…