Halfacre v. State

by
In 1985, Appellant Kenny Halfacre was convicted of burglary and theft of property. In 2007, Appellant filed a petition to correct his sentence, seeking relief on the basis that his conviction was illegally imposed as a result of testimony of his wife that was impermissibly admitted into evidence under the holding in Ricarte v. State. The trial court treated the petition as one for postconviction relief and dismissed on the basis that the petition was successive. The Supreme Court dismissed the appeal, holding (1) the trial court's basis for dismissal was in error because the petition could not be treated as one for postconviction relief, but (2) the record did not establish that the trial court had jurisdiction over the subject matter of the petition because the petition was not timely filed.