Pearson v. State

BAKER, Judge.

Defendant-appellant Edward L. Pearson's sole argument on appeal is that his counsel was ineffective because he failed to file a motion for discharge pursuant to Ind.Crim.Rule 4(C). We agree and reverse his convictions for Public Intoxication, a Class B misdemeanor, and Operating a Motor Vehicle While Intoxicated with a Prior Conviction, a Class D felony. 1

DISCUSSION AND DECISION

To prevail on an ineffective assistance of counsel claim, the defendant must show 1) his counsel's performance fell below an objective standard of reasonableness, and 2) that there is a reasonable…