Johnson v. State

RUSSELL, J„

for the Court:

¶ 1. Marietta Johnson appeals the Clay County Circuit Court’s judgment dismissing her motion for post-conviction relief (PCR). Johnson argues that the circuit court should resentence her as a non-habitual offender because she has health problems and because her sentence constitutes cruel and unusual punishment. Upon review, we find no error. Therefore, we affirm the circuit court’s judgment dismissing Johnson’s PCR motion.

FACTS AND PROCEDURAL HISTORY

¶ 2. Johnson had two prior convictions for credit-card fraud and was sentenced to two years for each conviction,…