Bailey v. State

OPINION

NORTON, Judge.

Appellant Clark Albert Bailey challenges the trial court’s dismissal, without an evi-dentiary hearing, of his petition for posir conviction relief. The trial court determined that appellant committed an abuse of process by inexcusably delaying his petition for over nine years since his conviction and sentencing. We reverse and remand for an evidentiary hearing.

FACTS

In May 1977, after pleading guilty to charges of first degree criminal sexual conduct and kidnapping, appellant Clark Albert Bailey was sentenced to consecutive indeterminate terms of 0-20 years and 0-40 years.…