Thomas v. State

Moore, Justice:

The State petitioned for writ of certiorari to review the grant of respondent’s application for postconviction relief (PCR). We reverse.

FACTS

Respondent was convicted of trafficking in marijuana and sentenced as a third-time offender to twenty-five years. His direct appeal was dismissed. Respondent filed an application for PCR on the ground his sentence exceeded the maximum allowed by law. The PCR judge granted respondent a resentencing hearing.

ISSUE

Did the PCR judge err in holding respondent was incorrectly sentenced as a third-time offender?

DISCUSSION

Respondent was sentenced…