Franklin v. State

Tom Glaze, Justice.

This case involves a Rule 37 proceeding in which the appellant sought to withdraw his guilty plea to a reduced charge of first degree murder to which he was sentenced to thirty years imprisonment. Appellant appeals the trial court’s denial of his petition, and argues (1) he was denied effective assistance of counsel and (2) the trial court erred in finding a factual basis for appellant’s plea. We find no error, and, therefore, affirm.

In addressing appellant’s first argument, we have held that the petitioner has the burden to prove the counsel’s assistance ineffective. Davis…