Wheeler v. State

CHANDLER, J.,

for the Court.

¶ 1. Johnnie H. Wheeler appeals from the dismissal of his motion for post-conviction relief by the Circuit Court of Lincoln County. Wheeler asserts the following issues on appeal:

I. THE TRIAL COURT COMMITTED ERROR WHEN IT DENIED THAT APPELLANT HAD AN ILLEGAL SENTENCE.

II. THE TRIAL COURT COMMITTED ERROR WHEN IT DENIED THE MOTION ON GROUNDS OF “TIME BARRED” BY THE POST-CONVICTION RELIEF ACT.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. On February 26, 2004, Wheeler filed a motion for post-conviction relief (PCR) challenging his 1997 conviction and sentence for sale of…