Kelly v. State
Annotate this CaseWithout entering a plea bargain agreement with the State, Defendant pled guilty to a felony DUI charge and admitted he violated the terms of the suspended sentence he was serving for a previous DUI conviction. The district court accepted Defendant's guilty plea and revoked Defendant's sentence. Defendant subsequently filed a petition for postconviction relief, asserting he received ineffective assistance of counsel in the proceedings because his court-appointed attorney allegedly told him "just prior to sentencing" that the State had made a more favorable plea offer before he changed his plea to guilty that would have resulted in a shorter sentence. The district court dismissed Defendant's petition for failing to provide factual support for his claim. The Supreme Court affirmed, holding that the district court did not err by dismissing Defendant's postconviction relief petition as insufficiently pled, as there was no record evidence of a formal plea offer or of Defendant's lawyer's failure to inform him of a plea offer, other than an insufficient affidavit submitted by Defendant.
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