Burgess v. State
Annotate this CaseClarence Burgess was charged with discharging a firearm at a building and subsequently entered an Alford plea to the charge. In exchange for his plea and the waiver of his right to file any future post-conviction relief, the State recommended a fifteen-year sentence with a suspended execution of the sentence and a five-year probationary term. The circuit court rendered a judgment and sentence approving the plea agreement. After Burgess violated the terms of his probation, Burgess filed (1) a motion for post-conviction relief, alleging ineffective assistance of counsel, and (2) an application for a change of judge. The circuit court denied the application for a change of judge and sustained the state's motion to dismiss Burgess' motion for post-conviction relief. Burgess appealed, and the court of appeals transferred the case to the Supreme Court. The Supreme Court reversed the judgment of the circuit court, holding that (1) the court correctly overruled Burgess' application for a change of judge, but (2) failed to enter findings of fact and conclusions of law on Burgess' motion for post-conviction relief required to show that Burgess was not entitled to relief. Remanded.
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