Austin v. State

Justice WALLER:

We granted a writ of certiorari to review the denial of Petitioner’s application for Post-Conviction Relief (PCR). We vacate the plea to possession of a firearm during commission of a violent crime and remand the matter to family court.

FACTS

Austin was charged with three counts of armed robbery, one count of assault and battery with intent to kill (ABIK), and one count of possession of a firearm during the commission of a violent crime. The crimes occurred on June 24, June 27,1 and July 1, 1996, at a time when Austin was 15 years old (his date of birth is August 2, 1980). Austin…