Herring v. State

On October 18, 1971, the appellant James A. Herring, age 21 at the time, pled guilty to two counts of transferring the drug LSD and one count of possession of barbiturates. He was sentenced under § 55-395 (d) supplement to 1962 Code of Laws.

On February 16, 1972, he filed an application for post-conviction relief, alleging error in his initial sentences as an adult offender. It was his contention that he should have been sentenced under § 55-395 (a), (b) or (c). He argues that he (a youthful offender) could not be sentenced under subsection (d) without an explicit finding in the record by the…