Brannon v. State

WALLER, Justice:

We granted a writ of certiorari to review the denial of Post-Conviction Relief (PCR) to Petitioner, John Brannon. We remand for an evidentiary hearing to ascertain whether Bran-non knowingly and voluntarily withdrew his PCR application.

FACTS

Brannon pled guilty to armed robbery in 1994 and was sentenced to 21 years. He filed for PCR claiming, inter alia, he should have received a more lenient sentence. When Brannon advised the PCR court he wanted his sentenced reduced, the court advised it did not have authority to do so; counsel then indicated Brannon wished to withdraw his…