Berry v. State

Petitioner-appellant, David A. Berry, was tried by a jury and convicted of the crime of first degree burglary, for which he was sentenced and which conviction he appealed.

Thereafter petitioner-appellant filed his petition for post conviction relief with the trial court on which petition a hearing was had after being placed at issue by the State’s answer. The trial court entered its findings of fact and conclusions of law, denying the relief sought by the petitioner, who then timely filed his motion to correct errors which was overruled.

On August 5, 1971, just two days after petitioner had met…