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Sherman v. State

Supreme Court of Arkansas

November 13, 2014

PATRICK L. SHERMAN, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

Page 705

[Copyrighted Material Omitted]

Page 706

NO. 30CR-12-241, 30CR-12-286. HONORABLE CHRIS E WILLIAMS, JUDGE.

Patrick L. Sherman, Pro se, appellant.

Dustin McDaniel, Att'y Gen., by: Eileen W. Harrison, Ass't Att'y Gen., for appellee.

OPINION

PRO S.E. APPEAL FROM THE HOT SPRING COUNTY CIRCUIT COURT

Page 707

PER CURIAM

Appellant Patrick L. Sherman brings this appeal from two orders, both of which were entered in the Hot Spring County Circuit Court on June 10, 2013, that denied relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2013) in Case No. 30CR-12-241 and Case No. 30CR-12-286. In 2013, appellant entered a negotiated plea of guilty in Case No. 30CR-12-241 to fleeing on foot and possession of methamphetamine and to residential burglary and robbery in Case No. 30CR-12-286. He was sentenced as a habitual offender, who had been found guilty of three prior offenses, to an aggregate term of 144 months' imprisonment.

Subsequently, appellant timely filed in the trial court a verified, pro se petition and amended petition for postconviction relief under Rule 37.1 that encompassed both cases. An evidentiary hearing was held in which appellant indicated that he wished the court to deal with the amended petition filed April 23, 2013. Appellant's initial claim raised in the amended petition and argued in this appeal was that he was not afforded effective assistance of counsel

Page 708

when he entered his plea to the four offenses.[1]

This court has held that it will reverse the trial court's decision granting or denying postconviction relief only when that decision is clearly erroneous. Conley v. State, 2014 Ark. 172, 433 S.W.3d 234. A finding is clearly erroneous when, although there is evidence to support it, the appellate court, after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed. Caery v. State, 2014 Ark. 247');"> 2014 Ark. 247 (per curiam); Sartin v. State, 2012 Ark. 155, 400 S.W.3d 694.


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