State v. Sweet

This is an appeal from a superior court order denying an application for post-conviction relief. The issue raised is whether the State has the burden of demonstrating waiver of the constitutional right to appeal. We hold that it is the State's burden to affirmatively demonstrate waiver. On these facts the State has not met that burden. We set aside the court's order and reinstate the appeal.

The appellant, Norman Earl Sweet, was convicted by a jury of the crime of the unlawful possession of a controlled substance. At trial and the subsequent sentencing he was represented by a retained…