Burgess v. State

MAHAN, Judge.

Mary Kathlyn Burgess appeals the denial of her application for postconvietion relief. Burgess alleges the trial court erred when it determined she received effective assistance of counsel. Burgess contends her counsel: (l)allowed her to plead guilty to a charge for which no factual basis existed; (2) failed to file a motion in arrest of judgment; and (3)failed to adequately inform her about the status of the law. We reverse.

Burgess was charged with second-degree theft based upon allegations she had received down payments for goods and services but failed to deliver them. Public…