Patterson v. State

James Patterson appeals the summary denial of his motion to correct sentence. We affirm in part and reverse in part.

Of the several grounds raised in the motion, only one requires further consideration by the circuit court. The remaining issues raised in the motion are without merit and the circuit court properly denied relief as to those.

Patterson contends that he is serving a 50-year sentence for second degree murder with a firearm, that is, a sentence exceeding the statutory maximum. Documents contained in the record appear to confirm the claim. If use of a firearm was alleged in the…