Walton v. State (Per Curiam)
Annotate this CaseAppellant Terrance Walton was convicted of breaking and entered and was sentenced, as a habitual offender, to fifteen years' imprisonment. Appellant subsequently filed in the trial court a petition for postconviction relief, alleging that his trial counsel was ineffective. The trial court denied the petition. The Supreme Court affirmed, holding (1) Appellant's argument that the trial court erred in denying his petition because counsel was ineffective in failing to challenge the circumstantial evidence inasmuch as, had he done so, Appellant would have been found not guilty, constituted a direct attack on the judgment and, therefore, was not cognizable under a postconviction relief proceeding; and (2) the circuit court correctly concluded that Appellant was not unfairly prejudiced by his attorney's failure to state specific grounds in support of his motion challenging the sufficiency of the evidence.
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