Sims v. State

The Supreme Court affirmed the order of the circuit court dismissing Appellant’s petition for writ of habeas corpus, holding that the circuit court did not err in rejecting Appellant’s claim that he was subject to double jeopardy and that the sentence imposed on him was illegal.Appellant pleaded guilty to rape and incest. Appellant filed a habeas petition arguing that his sentence was illegal because he was found guilty of both rape and incest and because the judgment-and-commitment order required that he complete special program for sexual offenders while in prison. The Supreme Court held (1) Appellant did not meet hid burden of establishing that his double-jeopardy claim was cognizable in a proceeding for a writ of habeas corpus; and (2) the circuit court did not err in finding that the judgment-and-commitment order did not include a special condition of incarceration as part of Appellant’s sentence. View "Sims v. State" on Justia Law