Mauricio v. State

SHEPARD, Chief Justice.

Clifton Mauricio was convicted of murder and sentenced to fifty years in prison at a moment when there were conflicting statutes on the books as respects the penalty for murder. We later resolved which ~ of the two statutes should be applied, using the rule of lenity. The General Assembly subsequently amended the statute. Because we cannot say that the trial court would have sentenced Mauricio to fifty years notwithstanding its reference to the statute later held inapplicable, we reverse the denial of post-conviction relief and remand for resentencing.

Facts and…