Odom v. State

MOORE, Justice:

We granted a 'writ of certiorari in this post-conviction relief (PCR) case 1 to consider whether an oral waiver of presentment is sufficient to bestow subject matter jurisdiction on the trial court. We find it is not and reverse the denial of PCR.

FACTS

Petitioner Odom pled guilty to second degree criminal sexual conduct with a minor. At the plea hearing, the Solicitor alerted the trial judge that the indictment had not been true billed. The trial judge then questioned petitioner as follows:

THE COURT: This case involving criminal sexual conduct has not been before the grand jury.…