Gardner v. State

CHIEF JUSTICE TOAL:

This Court granted Charles Gardner’s (“Petitioner”) petition for a writ of certiorari to review the denial, after a hearing, of his application for Post-Conviction Relief (“PCR”). Petitioner argues the PCR court erred in finding he knowingly and intelligently waived his right to counsel. We agree.

Factual/Procedural Background

In February 1995, Petitioner was indicted on two counts: (1) for trafficking over 400 grams of cocaine; and (2) for trafficking over eighty grams of crack cocaine. Pursuant to a plea agreement, Petitioner plead guilty to trafficking twenty-eight grams…