Ex Parte Tice

We granted certiorari in this case to determine whether the Court of Criminal Appeals, 475 So.2d 589, erred in affirming the term given the defendant, Jack Wesley Tice, on resentencing. We find that it did, and reverse its judgment.

Briefly, the facts of this case are as follows.

Jack Wesley Tice was indicted for illegal possession of three different controlled substances. He was convicted and sentenced to serve three consecutive ten-year terms of imprisonment, one term for each particular possession.

The defendant filed a petition for writ of habeas corpus with the Elmore County Circuit Court.…