Goggins v. State

Michael Edward Goggins appeals the summary denial of his motion to correct an illegal sentence. We find merit in Goggins’ argument, vacate the habitual violent offender sentence and remand for resentencing.

Goggins was arrested on December 17, 1989, for first degree murder; allegedly the date the offense was committed. He was tried and convicted of second degree murder. On August 30, 1991, Goggins was sentenced as a habitual violent felony offender. The court reconsidered the term imposed and resentenced Goggins on September 6, 1991.

In his motion, Goggins alleges that his sentence is illegal…