Sylvester v. State

GRIFFIS, P. J.,

for the Court:

¶ 1. Donnie Sylvester appeals the dismissal of his motion for post-conviction collateral relief. In this appeal, Sylvester claims: (1) his guilty plea was involuntary; (2) his sentence violated his constitutional rights, because he was not given an evi-dentiary hearing; and (3) he received ineffective assistance of counsel. Finding error, we reverse and remand for further proceedings.

FACTS

¶2. On December 12, 2008, a Perry County grand jury indicted Sylvester and his wife, Jennifer, on four charges: conspiracy, shooting into a dwelling, drive-by shooting, and…