Johnson v. State

OPINION

STATON, Judge.

Clarence E. Johnson (“Johnson”) appeals from the denial of his second petition for post-conviction relief. He presents one issue for our review which we restate as: whether the post-conviction court erred in denying his successive petition.

We reverse and remand.

In November 1982, Johnson pled guilty to three counts of attempted murder. Johnson received a forty-year sentence. In December 1983, Johnson filed a pro se petition for post-conviction relief. An amended petition was filed by counsel in August 1985. Following a hearing, the post-conviction court denied Johnson’s…