Weatherford v. State

ROBERTSON, Judge.

Michael Weatherford appeals the denial of his third petition for post-conviction relief. He asserts a fundamental defect in the evidence supporting his habitual erimi-nal adjudication; specifically, he asserts the State failed to prove the required sequence of his prior convictions. We reverse.

FACTS

The facts in the light most favorable to the post-conviction court's judgment indicate that Weatherford was convicted of dealing in a controlled substance and adjudicated an habitual criminal in 1978. He was sentenced to life imprisonment as provided by the habitual criminal…