Robinson v. State

Chief Justice TOAL:

In this case, we granted certiorari to review the post-conviction relief (PCR) court’s denial of Petitioner Marcus D. Robinson’s request for relief. Petitioner argues that the PCR court erred in ruling that he was not prejudiced by plea counsel’s failure to challenge the use of a prior uncounseled magistrate court’s conviction to enhance the sentence on his present conviction. We find that the prior uncounseled conviction was improperly used to enhance Petitioner’s sentence and remand the case for resentencing.

Facts

On September 16, 2003, Petitioner was indicted on one count…