Harrison v. State

STATON, Judge.

Derrick Harrison appeals the denial of his second petition for post conviction relief in which he sought to withdraw his plea of guilty to theft, a Class D felony. 1 Harrison presents us with a single (restated) issue: whether the post conviction court erroneously dismissed Harrison’s petition without a hearing upon finding that the allegations of error contained therein were waived or res judicata. 2

We affirm.

On November 28, 1978, Harrison pled guilty to theft pursuant to an unwritten plea agreement. On September 30, 1985, he filed a petition for post conviction relief, amended…