Jones v. State

Moore, Justice:

We reverse the postconviction relief (PCR) judge’s order dismissing petitioner’s application on the ground he lacked standing.

FACTS

Petitioner was convicted of possession with intent to distribute heroin and sentenced to fifteen years. Petitioner filed for PCR on November 30, 1992. However, he was released from prison prior to the PCR hearing which was held on May 12, 1994. The State moved to dismiss the case on the ground petitioner had been released from custody and therefore lacked standing.

ISSUE

Did the PCR judge err in dismissing petitioner’s application for PCR?

DISCUSSION

Pet…