Whitney v. State

CARDINE, Justice.

This appeal is from an order denying appellant Michael Whitney post-conviction relief. The issues presented for our determination are whether appellant’s sentence constitutes cruel and unusual punishment in that “good time” will not accrue to reduce his maximum sentence below the required minimum sentence of eight years and whether his constitutional right to due process was violated by failure of the district court to appoint an attorney to represent him in the post-conviction relief proceeding.

We affirm.

FACTS

In a plea bargain, appellant pled guilty to one count each of…