King v. Kelley

The Supreme Court affirmed the circuit court’s denial of Appellant’s pro se petition for a writ of habeas corpus, holding that the circuit court did not clearly err in denying the petition.Appellant was convicted of simultaneous possession of drugs and firearms, possession of a controlled substance, and possession of drug paraphernalia. Appellant was sentenced as a habitual offender to 840 months, 240 months, and 120 months in prison, to be served consecutively. The court of appeals affirmed. Appellant filed this pro se petition for a writ of habeas corpus alleging that his sentence was illegal because the information did not contain a habitual offender charge. The circuit court denied the petition. The Supreme Court affirmed, holding that the circuit court properly denied the petition because the felony information contained language referring to the habitual offender statute, and therefore it was sufficient to put Defendant on notice that his prior convictions could be introduced in assessing an enhanced sentence. View "King v. Kelley" on Justia Law