Summers v. Fortner

OPINION

JAMES CURWOOD WITT, JR., J.,

delivered the opinion of the court,

in which ALAN E. GLENN and D. KELLY THOMAS, JR., JJ., joined.

The petitioner, Charles G. Summers, appeals the summary dismissal of his petition for writ of habeas corpus. He contends that his sentence is illegal and that his judgment is, therefore, void. The petitioner has established that his sentence for escape was imposed in direct contravention of a statute, and is, therefore, illegal and void. Because the petitioner has made a threshold showing that he is entitled to habeas corpus relief, the judgment of the habeas…