Butler v. State

ON PETITION TO TRANSFER

SHEPARD, Chief Justice.

The Court of Appeals ordered post-convietion relief for appellant Gerry Butler. It held that if a defendant and the prosecutor affirm that the facts support a plea, a trial court abuses its discretion if it accepts the plea without proof of all the relevant facts. We grant transfer.

I. The Prosecution of Butler's Drunk Driving

In 1987, during his third D.U.I, Butler crashed his vehicle into another car. As a result of Butler's acts, Juanita McClendon was killed, her eleven-year-old son was left paralyzed, her twelve-year-old daughter's leg was…