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Hazzard v. State

The defendant failed to prove that his trial counsel was deficient for failing to obtain a benefit during plea negotiations for the defendant's efforts in assisting the police as a confidential informant, since the State offered the defendant the possibility of parole in exchange for his assistance.

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Avery L. Hazzard appeals the denial of his motion to withdraw a negotiated plea on the ground that his rights under the Sixth and Fourteenth Amendments were violated because his trial counsel rendered ineffective assistance of counsel.

On May 6, 2009, Hazzard was indicted on a count of possession of cocaine with intent to distribute and two counts of obstruction; he was indicted as a recidivist based on four prior convictions for drug related offenses. Attorney Terry Jackson appeared on behalf of Hazzard and assisted Hazzard in being released on bond. On September 6, 2009, Hazzard was arrested and later indicted on a single count of theft by receiving stolen property; Hazzard was again indicted as a recidivist based on the same prior convictions. Attorney Marcus Tucker was appointed to represent Hazzard on the theft charge.

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