Mullins v. Hess

OPINION

MINTON, Judge.

This is an appeal by a judge of the Pike District Court from a writ of prohibition entered by the Pike Circuit Court. The writ prohibited the district judge from enforcing an order reinstating the original sentence which he had imposed upon George David Hess following Hess’s plea of guilty to charges of driving while under the influence. Though the procedural history of the case is unusual, it presents only the narrow legal question of whether, in a judicial district with two or more divisions, a judge may modify the terms of a sentence imposed by another judge.

On…