State v. Pemberton

LEMMON, Justice.

We granted certiorari to review the trial court’s granting of post conviction relief by setting aside relator’s conviction, which had previously been vacated and then reinstated. We now reverse the trial court and deny relator’s post conviction application. We conclude that the trial judge acted without jurisdiction when he initially vacated the conviction in this case while the conviction was on appeal to decide the very issue which formed the basis for vacating the plea, so that both the vacating of the conviction and the later reinstatement were invalid and of no effect.

Rela…