McClendon v. State

Gary McClendon (McClendon) appeals, arguing that his judgment must be corrected to reflect that his carjacking is merely a first-degree felony, rather than a first-degree felony punishable by life (PBL). We agree.

McClendon negotiated a plea1 of guilty to, and was adjudicated guilty of, carjacking (count one), attempted kidnapping (count two), and attempted kidnapping of children under age thirteen (counts three and four). McClendon was sentenced as an habitual violent felony offender, based on predicate May 1989 convictions for possession of a firearm by a convicted felon and aggravated…