Knox v. State

MOORE, Justice:

Petitioner/respondent Knox pled guilty to first degree burglary, petty larceny, and a charge of assault and battery of a high and aggravated nature (ABHAN) arising from a separate incident. 1 Knox subsequently commenced this action for post-conviction relief (PCR) which was granted in part. We now vacate Knox’s plea to ABHAN for lack of subject matter jurisdiction and reverse the grant of PCR on the burglary charge.

ISSUES

1. Is ABHAN a lesser included offense of second degree lynching?

2. Is there evidence to support the grant of PCR?

DISCUSSION

1. ABHAN as lesser included offense

Kn…