Fill and Sign the Motion Post Conviction Form

IN THE CIRCUIT COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF )       ) ) V. ) NO. ) ) NAME OF DEFENDANT )       ) ) MOTION FOR POST CONVICTION RELIEF Comes now ______________, by and through his attorney, and files this his/her Motion to set aside his plea of guilty and sentence rendered thereon and in support thereof would show unto the Court the following: 1. That ______________ was indicted in the _______________ term of the __________ Court of _______ County, ______________ for 2 counts sale of sale of a controlled substance, to-wit: Marihuana, Possession of Marihuana, and Possession of Paraphernalia, a copy of said indictments being filed in this Court on ____________ and attached hereto as Exhibit "A" and "B." 2. That on ____________________, _______________ plead guilty, a copy of which is attached hereto as Exhibit "C", and _________________ was sentenced by the _____________ Court of ____________ County, ______________, on ________________ in cause number _____ to three years (3) in the custody of the Department of Corrections with two years (2) suspended and in cause number ________ to three years (3) in the custody of the Department of Corrections with three years (3) suspended, and five years (5) supervised probation, a copy of which is attached hereto as Exhibit "D." 3. That on ___________, ___________________'s probation was terminated, as shown by Exhibit "E." 4. That this Motion is filed pursuant to [state code provisions] 5. That ________________ at the time of the plea was guilty of possession of marihuana, and not guilty of sale. 6. That ____________________'s guilty plea under the facts which exist at the time is a denial of his due process rights as guaranteed by the United States and ______________ Constitutions, and makes his plea of guilty a violation of the laws of the State of ______________. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will enter an Order setting aside the guilty plea herein and the sentence in cause numbers ________ and __________. Respectfully submitted, By:____________________________ CERTIFICATE OF SERVICE I, __________________, do hereby certify that I have on this day delivered by hand a true and correct copy of the foregoing Motion to _____________________. This the ______ day of ___________ 20__. _______________________________