State v. Futch

Fletcher, Chief Justice.

John Randall Futch filed a petition for habeas corpus relief from his felony conviction for criminal damage to property, alleging that his guilty plea was not voluntarily entered. The habeas court granted relief and the State appeals. Because the record supports the habeas court’s factual finding that Futch was not informed of the constitutional rights he was waiving in pleading guilty, we affirm.

Futch pled guilty to criminal damage to property in 1993 and was sentenced to four years probation. Subsequently, this conviction was used to enhance a sentence Futch received…