Clayton v. State

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Petitioner-Appellant Jimmie L. Clayton appeals the post-conviction court’s summary demal of Ms petition for post-conviction relief.

We reverse and remand.

ISSUE

Clayton raises two issues for our review, which we consolidate and restate as: whether the post-conviction court erred in its sua sponte summary demal of Clayton’s petition for post-conviction relief.

FACTS AND PROCEDURAL HISTORY

On March 28, 1989, Clayton was charged by information with Count 1, operating a motor veMcle while intoxicated; Count 2, operating a motor veMcle while intoxicated with a…