Kelly v. State

*546OPINION

By the Court,

Springer, J.:

The appellant, George Kelly (“Kelly”), was serving a fifteen-year sentence for attempted sexual assault when he filed a habeas corpus petition in federal court. In his habeas petition, Kelly included a letter, purportedly written by his trial counsel, guaranteeing him a maximum five-year sentence in exchange for pleading guilty to attempted sexual assault. Based upon this letter, Kelly was subsequently charged in state court with forgery and offering false evidence.

At trial, the State introduced evidence of Kelly’s prior conviction of attempted sexual assault…