Tate v. Howerton

Defendant entered a non-negotiated plea to three counts of aggravated assault, two counts of arson, two counts of aggravated stalking, and one count each of burglary, criminal damage to property, disorderly conduct, criminal trespass, obstruction of an officer, and theft by taking. The court granted defendant's application for certificate of probably cause to appeal. The record showed and the State conceded that defendant raised claims of ineffective assistance of counsel based on counsel's withdrawal of defendant's notice of appeal and counsel's failure to argue the appropriate legal standard for setting restitution. The habeas court, however, failed to address these claims in its order denying relief. Accordingly, the order of the habeas court was vacated and the case remanded for the habeas court to consider these claims.