Hills v. State

Phipps, Judge.

Jeremy Hills appeals the denial of his motion to withdraw his guilty plea, arguing that he received ineffective assistance of post-conviction counsel at the hearing on his motion to withdraw the plea. As explained below, because no hearing has been held on post-conviction counsel’s ineffectiveness, and because we cannot determine from the record that Hills is unable to show ineffectiveness, 1 we vacate the order denying the motion to withdraw the plea and remand the case for an evidentiary hearing on this issue.

On May 7, 2001, Hills pled guilty to and was sentenced to life…