Hamblen v. State

Hamblen pleaded guilty to Rape and, on April 24, 1964, was sentenced to the Indiana State Prison for an indeterminate term of two (2) to twenty-one (21) years.

On March 26, 1970, Hamblen filed a Petition for Post-Conviction Relief alleging that his sentence was unconstitutional in that it exceeded the sentence provided for the greater offense of Commission of a felony While Armed, to-wit: Rape. The petition was denied by the Monroe Circuit Court on July 22, 1971.

Hamblen timely filed his motion to Correct Errors. On March 9, 1972, following a hearing on the motion, the court filed its Amended…