State Ex Rel. Nixon v. Sprick

ORIGINAL PROCEEDING IN CERTIORARI

JOHN C. HOLSTEIN, Judge.

This is an original proceeding in certio-rari to review the Circuit Court of Randolph County’s order granting a writ of habeas corpus to Terry Lee Edwards. The order vacated Edwards’ eight-year sentence for sodomy and remanded to the trial court to determine whether Edwards should be sentenced according to the penalty provided for child molestation in the first degree, or child molestation in the second degree, and then resentence Edwards accordingly. Finding that the court acted in excess of its jurisdiction, the record of the circuit…