Farmer v. State

DAUKSCH, Judge.

It appears to this court that appellant did not receive effective assistance of counsel in appealing the denial of his post-conviction relief motion, in that no argument regarding his illegal sentence was raised. Therefore, the petition for writ of habeas corpus is granted and this cause is remanded to the trial court for consideration of petitioner’s argument that his sentence is illegal. Should the trial court determine the sentence is illegal then a new sentence should be imposed. If not, then an order so determining, with findings of fact and law, should be entered. Because…