Krupp v. State
Annotate this CaseDefendant was convicted by a jury of felonious restraint, deviate sexual assault, and first-degree sexual misconduct. Prior to sentencing, Defendant entered into an agreement with the State in which Defendant would plead guilty to two additional criminal counts and waive his rights to a jury trial, to direct appeal, and to seek post-conviction relief. In exchange, the State recommended that Defendant be sentenced to a combined total of fifteen years incarceration on all counts. The circuit court rendered and judgment and sentence in accord with the agreement. Defendant subsequently filed an amended motion for post-conviction relief, alleging ineffective assistance of counsel for, inter alia, incorrectly advising Defendant to waive his rights to a direct appeal. The motion court denied the motion. The Supreme Court vacated the motion court's judgment, holding that Defendant knowingly, voluntarily, and intelligently agreed to waive his post-conviction rights after his trial. Remanded with instructions to dismiss Defendant's post-conviction motion.
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