Opinion
No. 1-474A73.
Filed October 29, 1974.
CRIMINAL LAW — Constitutional Rights — Right to Confront Accuser. — The Court of Appeals reverses and remands the trial court's denial of defendant's petition for post-conviction relief because of a failure in the record to affirmatively demonstrate any discussion of the defendant's right to confront his accusers.
Defendant-appellant appeals a denial of his petition for post-conviction relief.
From the Gibson Circuit Court, Harvey W. Garrett, Judge.
Reversed and remanded by the First District.
Thomas Lockyear, of Evansville, for appellant.
Theodore L. Sendak, Attorney General, Robert F. Colker, Assistant Attorney General, for appellee.
We reverse and remand the trial court's denial of defendant-appellant's petition for post-conviction relief because of a failure in the record to affirmatively demonstrate any discussion of the defendant-appellant's right to confront his accusers. Thomas v. State (1974), 159 Ind. App. 224, 306 N.E.2d 136; Ivers v. State (1974), 159 Ind. App. 655, 308 N.E.2d 72.
This cause is reversed and remanded with instructions to grant the petition for post-conviction relief by setting aside the guilty plea and all other proper relief consistent with this opinion.
Judgment reversed and remanded.
Lowdermilk and Lybrook, JJ., concur.
NOTE. — Reported at 317 N.E.2d 858.