concurring.
I agree with the majority that this case be remanded for an evidentiary hearing concerning the ineffectiveness issues raised by the defendant’s motion for new trial. In the words of a distinguished jurist, “however, I do not agree with the packaging of the majority opinion for publication.” Bowen v. Smith, 838 P.2d 186, 197 (Wyo.1992), Brown, Ret. J., concurring.
The issue before the court is simple. In defendant’s motion for a new trial, he raised specific allegations that his defense trial counsel was ineffective in his pre-trial preparation and in his failure to obtain testimony of several potential witnesses whose testimony allegedly would have been favorable to the defendant’s theory of defense, viz., he had no knowledge that the vehicle was stolen. Since no record concerning the subject matter of these allegations existed, the trial court should have conducted an evidentiary hearing for the purpose of creating such a record and obtaining evidence upon which the trial court could make an informed decision about the validity of the ineffectiveness allegations. Had that simple procedure been employed, this appellate court would have had a complete record upon which to review the defendant’s claims of error. Since we have no such complete record, we are compelled to remand so that a complete record can be made.