Burnett v. State

Chief Justice TOAL:

Respondent, Robert Lee Burnett (“Burnett”), filed an application for post-conviction relief (“PCR”). The PCR court granted relief, and the State filed a petition for writ of certiorari.

Factuál/Procedural Background

Burnett pled guilty to malicious injury to personal property, assault and battery of a high and aggravated nature (“ABHAN”), and three counts of pointing a firearm. He was sentenced to thirty days on the property charge, and ten years consecutive on the ABHAN charge (suspended on service of five years in prison and five years of probation). In addition, he was…