Smith v. State

Chief Justice TOAL:

This Court granted certiorari to review the Post Conviction Relief (PCR) Judge’s decision to grant relief to Silas Smith (Respondent). We reverse.

Factual / Procedural Background.

Respondent pled guilty to felony DUI. The trial court sentenced Respondent to twelve years imprisonment. Because of the nature of the offense, Respondent had to serve eighty-five percent of the sentence without the possibility of parole.

Respondent filed this action fór PCR claiming that but for the erroneous advice of trial counsel, he would not have pled guilty. Respondent maintains that trial…