Odom v. State

TOAL, Justice:

Herbert Wayne Odom (“Odom”) appeals the post-conviction relief court’s order of dismissal. We reverse and remand.

Factual/Procedural Background

On August 31, 1993, Odom was arrested for distributing marijuana to an undercover officer within a half mile from the Busy Bee Day Care Center in Sumter County. A jury convicted Odom of one count of distribution on December 1, 1993. The presiding judge imposed a five year sentence and a fine of $5,000. On December 3, 1993, Odom pled guilty to a second count of distribution and the presiding judge imposed a ten year, concurrent sentence for…