Hardley v. State

DICKSON, Justice.

To address conflicting opinions from the Court of Appeals and to consider the import of recent decisions of this Court, we grant transfer and hold that the State may challenge the legality of a erimi-nal sentence by appeal without first filing a motion to correct erroneous sentence, and that such appeal need not be commenced within thirty days of the sentencing judgment.

The defendant was convicted and sentenced for three criminal offenses 1: class D felony Theft,2 class D felony Criminal Confinement,3 and class A misdemeanor Battery.4 His appeal presented claims of…