People v. Breaman

Opinion by

Judge CRISWELL.

Defendant, Neil Gerald Breaman, appeals the trial court order denying his motion for post-conviction relief pursuant to Crim.P. 35(e). We reverse and remand for further proceedings.

Defendant entered a guilty plea to one count of attempted second degree kidnapping in exchange for the dismissal of a third degree sexual assault charge. He received a twenty year sentence.

Defendant later filed a pro se motion for post-conviction relief pursuant to Crim.P. 35(c). He alleged in his motion that he had received ineffective assistance from his trial counsel, that he was not…