Guevara v. State (Majority)
Annotate this CaseAfter a jury trial, Appellant was convicted of possession of a controlled substance with intent to deliver and sentenced, as a habitual offender, to life imprisonment. After the Supreme Court affirmed on appeal, Appellant filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37, alleging that his trial counsel provided ineffective assistance. The circuit court denied relief without a hearing. The Supreme Court reversed, holding that the circuit court erred (1) in relying on email correspondence that was attached to the prosecutor’s response to Appellant’s petition and was not part of the file, record, or petition; and (2) in denying Appellant’s petition in the absence of a hearing because the files and records did not conclusively show that Appellant was entitled to no relief.
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