Ivers v. State

The defendant-appellant (Ivers) is appealing the denial of his petition for post-conviction relief. We reverse on the basis that there is no record to show that his plea of guilty was knowingly and voluntarily given.

Ivers appeared before the trial court on a charge of kidnapping. The arraignment was postponed for one week to enable Ivers to secure counsel. Conversation between Ivers and the trial court at this appearance consisted only of questions and answers relating to Ivers personal circumstance. About four and a half months later Ivers reappeared, with *656counsel, and entered a plea of…