Stocker v. State

Frank Holt, Justice.

The issue here is whether the trial court correctly denied appellant’s pro se petition for post-conviction relief without an evidentiary hearing.

Appellant was charged with burglary. The information was amended charging him as a habitual offender with four or more prior felonies pursuant to Ark. Stat. Ann. §41-1001 (2) (Repl. 1977). Burglary, a class B felony, at that time provided for a range of punishment of three to twenty years. §41-901. However, when a defendan t has four or more prior convictions, the range of punishment is twenty to forty years. § 41-1001 (2) (b). On…