Patterson v. State

Justice BURNETT:

Respondent Lewis Clarence Patterson (Patterson) pled guilty to possession of crack cocaine, second offense, and was sentenced to seven (7) years imprisonment and fined $10,000. Patterson was previously convicted of possession of marihuana. Concluding trial counsel rendered ineffective assistance of counsel by advising Patterson to plead guilty to a second offense in connection with the crack cocaine charge, the post-conviction (PCR) judge granted relief.

ISSUE

Did the PCR judge err in holding Patterson’s counsel was ineffective because Patterson was sentenced as a second-time…