State v. Duke

The opinion of the court was delivered by

McFarland, C.J.:

In this consolidated appeal, each defendant appeals from the denial of identical (except for names and dates) motions to correct illegal sentences. Each defendant contends: (1) The notice to seek imposition of the hard 40 sentence was untimely; and (2) the district court erred in not appointing counsel and holding a hearing on his motion.

BACKGROUND FACTS

Shane A. Duke was convicted of first-degree murder and other felonies arising from the January 19, 1993, slaying of his landlord, Charles Pettigrew. He received a hard 40 sentence for…