Jackson v. State

BURNETT, Justice:

This Court granted a writ of certiorari to review the dismissal of petitioner’s post-conviction relief (PCR) application. The PCR judge determined petitioner lacked standing because he had never been incarcerated. We reverse and remand.

FACTS

Petitioner was arrested in June 1991 for possession of marijuana. He was released on a personal recognizance bond. Petitioner was convicted and ordered to pay a fine or serve thirty days in jail. Petitioner paid the fine. He did not appeal his conviction or sentence.

Petitioner filed an application for post-conviction relief (PCR) in 1995,…