George Frank Slider, Jr. v. Donald E. Bordenkircher, Warden, West Virginia State Penitentiary

After conviction of armed robbery in West Virginia State Court, the petitioner was given an indeterminate sentence of ten years to- life imprisonment. The crime of armed robbery under West Virginia law does not authorize an indeterminate sentence; consequently, on appeal, petitioner’s conviction was affirmed, but the judgment was reversed as to the indeterminate sentence and the cause was remanded in order that the invalid sentence might be corrected. 1 On remand, the trial court imposed a “fixed” or “determinate” sentence of fifteen years. 2 The petitioner seeks to have that sentence found…