Bennett v. State

Justice WALLER:

This Court granted the State’s petition for a writ of certiorari to review the grant of post-conviction relief (PCR) to respondent Gary Wayne Bennett. Because there is no evidence in the record to show that trial counsel offered inaccurate advice to respondent or was otherwise deficient, re spondent failed to meet his burden of proving counsel was ineffective. Therefore, we reverse.

FACTS

On July 19, 2001, respondent pled guilty to first degree burglary, and the trial court sentenced him to 18 years imprisonment. Respondent had appeared before the trial court the day before and…