Cummings v. State

Respondent plead guilty to two (2) counts of possession with intent ito distribute unlawful drugs arising from two (2) separate indictments. He was sentenced to four (4) years imprisonment on each indictment, the sentences to run consecutively. He did not appeal but subsequently filed an application for Post-Conviction Relief alleging that his sentence was cruel and unusual punishment. Following a hearing, the lower court agreed and rescinded the sentence as to one (1) indictment. The State appeals.

We have held on numerous occasions that the failure to object to proceedings below waives the…