Lucas v. State

STATEMENT OF THE CASE

NEAL, Judge.

Petitioner-Appellant, Gary W. Lucas (Lucas), appeals under Ind. Rules of Proce*1027dure, Post Conviction Remedy Rule No. 1 the denial of his Petition for Post-Convietion Relief.

We reverse.

STATEMENT OF THE FACTS

On March 10, 1981, pursuant to a plea bargain agreement, Lucas pleaded guilty to and was convicted of theft, a Class D felony. He was subsequently sentenced to four years imprisonment, the maximum sentence for a Class D felony as provided by IND.CODE 35-50-2-7, and as requested by the prosecution.

At Lucas's guilty plea hearing, the court advised Lucas of his…