Chasteen v. State

Respondent Noah Kenneth Chasteen pled guilty to four counts of criminal conspiracy and assault and battery with intent to kill. He was sentenced to four concurrent twenty-one year terms. The State appeals from an order granting respondent’s application for post-conviction relief. We reverse.

*275The lower court vacated the sentence and ordered respondent be resentenced on the basis there existed evidence of material facts not previously presented. Code § 17-27-20(a) (4).

On Appeal from an order granting post-conviction relief, this Court must determine whether there is any evidence supporting the…