Scott v. State

GARY D. WITT, Judge.

I respectfully dissent from the majority opinion. The majority opinion correctly states the law applicable to this matter. However, the record below clearly refutes the allegations in Mr. Scott’s motion, and I would affirm the denial of an evidentiary hearing and the denial of Mr. Scott’s motion for relief.

As the majority opinion points out, Mr. Scott was in custody on this and other matters for approximately four years prior to his plea in this matter. Counsel informed the plea court of this fact when Mr. Scott indicated to the court that he believed he would “get four…