Hartbarger v. State

SHIELDS, Presiding Judge.

Derrell W. and Shirley J. Hartbarger appeal the denial of their petition for post-conviction relief.

We reverse.

ISSUE

The Hartbargers contend their guilty pleas were not knowing, voluntary, and intelligent. We reverse on this basis and do not reach their other argument, directed to the lack of a written plea agreement.

FACTS

Derrell and Shirley Hartbarger were arrested on July 23, 1986, and subsequently were charged with six counts of neglect of a dependent, all class D felonies.1 Count I charged the Hartbargers committed neglect by cruel confinement when they locked…