Powell v. State

Lewis, Justice:

Appellant, twenty-one (21) years of age at the time and represented by retained counsel, was convicted of the illegal sale of LSD and sentenced on December 14, 1971 to imprisonment for twelve (12) years. He subsequently, on November 29, 1972, filed an application for post-conviction relief contending that his sentence was illegal because not imposed in accordance with the provisions of the Youthful Offender Act, Section 55-391 et seq., Supplement to 1962 Code of Laws, specifically Section 55-395, and requested that he be resentenced in accordance with the terms of that statute.…