Brown v. State

ALTENBERND, Judge.

Randall Eugene Brown appeals the summary denial of his July 21, 1992, motion for postconviction relief. This motion relates to his April 13, 1990, conviction for felony DUI and a resulting ten-year habitual offender sentence. We conclude that the trial court must resolve Mr. Brown’s claim of ineffective assistance of counsel. This matter is reversed and remanded for an evidentiary hearing on this single issue.1

Mr. Brown has an extensive history of driving under the influence of alcohol. In 1987, he was charged with and convicted of felony DUI, which requires three prior…