State v. Roberts

The Supreme Court affirmed the summary denial of Appellant’s motion to correct illegal sentence, holding that Appellant’s motion to correct illegal sentence was without merit. Appellant was sentenced to a hard twenty-five life sentence after pleading no contest to rape of a child under the age of fourteen. Several years later, Appellant filed a pro se motion to correct illegal sentence. The district court judge dismissed the motion without holding a hearing. On appeal, Appellant conceded that summary denial of his motion was appropriate but that he was nevertheless entitled to relief. For the first time, Appellant argued that the handling of his pre-plea competency issue deprived the district court of jurisdiction to sentence him. The Supreme Court affirmed, holding that a motion to correct illegal sentence was an improper vehicle for Appellant’s new challenge. View "State v. Roberts" on Justia Law

Posted in: Criminal Law

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