Thomas Arnold v. State Alaska

Thomas Arnold pled no contest to and was convicted of one count of manslaughter, AS 11.41.120(a)(1), and three counts of assault in the second degree, former AS 11.41.210(a)(3). He received a seven-year sentence for manslaughter and three concurrent five-year sentences for the assaults. He subsequently moved for permission to withdraw his plea based on a claim of ineffective assistance of counsel. See Alaska R. Crim. P. 35(c). The trial court denied the motion and Arnold appeals. The state concedes error, agrees that Arnold received ineffective assistance of counsel, and recommends that he should be allowed to withdraw his plea. After carefully reviewing the record we agree and reverse. See Marks v. State, 496 P.2d 66, 67-68 (Alaska 1972) (where state confesses error the court must nevertheless review the record to insure that reversal is warranted).