Brown v. State

Harwell, Justice:

We Granted petitioner Paul S. Brown’s application for writ of certiorari to determine wether the postconviction relief (PCR) judge erred in finding petitioner’s guilty plea was made knowingly and voluntarily even though the trial judge misinformed petitioner that he was eligible for parole when he is ineligible for parole. We reverse and remand for trial.

I. FACTS

Petitioner was charged with attempted burglary, burglary in the first degree 1 and aggravated assault and battery. Petitioner pled guilty to all charges and was sentenced to eighteen years incarceration. At the guilty…