Irvin v. State

STATON, Judge.

William C. Irvin appeals the denial of his petition for post conviction relief. This appeal raises two issues:

1. Whether Irvin's guilty plea was voluntarily, knowingly, and intelligently given?

2. Whether the evidence is sufficient to support the State's defense of lach-es?

Reversed and remanded.

On August 2, 1978, Irvin pleaded guilty to a charge of driving under the influence. On May 12, 1986, he filed his petition for post conviction relief. The State filed its answer, raising the affirmative defense of laches. After a hearing on the petition, the trial judge denied Irvin's…