Gann v. State

CONOVER, Judge.

Petitioner-Appellant J.W. Gann (Gann) appeals the summary denial of his petition for post-conviction relief.

We reverse.

Gann raises two issues, which we consolidate and restate as:

whether the post-conviction court erred in its sua sponte summary denial of Gann's petition for post-conviction relief. 1

On August 25, 1988, this court issued a memorandum decision affirming Gann's jury trial conviction for escape, 528 N.E.2d 121. The sole issue discussed was whether Gann was entitled to a new trial because the trial court failed to preserve the complete record of Gann's trial…