Garry v. State

MILLER, Judge.

Kevin Garry appeals from the order of the Hamilton County Superior Court, the Honorable Jerry M. Barr, presiding, denying his petition for post-conviction relief. Garry based his petition on alleged defects in his guilty plea. Because we find fatal *498defects in Garry’s plea, we must reverse the decision of the Hamilton County Court and order Garry’s petition to be granted.

FACTS

On April 25, 1981, at approximately 3:00 A.M., a Sambos Restaurant located in Car-mel was robbed. The robber, who was armed with a knife, forced an employee to give him approximately $133.00 in bills of…