Mottern v. State

RATLIFE, Judge.

STATEMENT OF THE CASE

Johnnie Mottern appeals the denial of his petition for post-conviction relief 1 attacking the validity of his guilty plea to the offense of driving while under the influence of intoxicating liquor. 2 We reverse and remand.

FACTS

On April 5, 1977, Mottern, unrepresented by legal counsel, pleaded guilty to driving while under the influence of intoxicating liquor. The Daviess County Court accepted the plea and sentenced him. Thereafter, on September 6, 1988, Mottern filed his petition for post-conviction relief asserting the invalidity of his guilty plea because…