Preston v. State

David Newbern, Justice.

The appellant, Stanley Preston, was tried by jury and convicted of burglary on July 18,1989. In a bifurcated habitual felon proceeding the jury returned a sentence of 21 years. Preston filed a timely pro se motion pursuant to Ark. R. Crim. P. 36.4 raising approximately 13 allegations of ineffective assistance of counsel. Preston’s trial counsel moved to withdraw, and the motion was granted without a hearing. No new counsel was appointed, and no order denying a new trial was entered, although in the order permitting trial counsel to withdraw the Court stated that he did…