State v. Hicks

Pee Cueiam.

Defendant appeals, by leave of this Court, from the denial of his petition for post conviction relief. He alleges that his sentence of 20 to 25 years was excessive.

Defendant, Alfred Hicks, together with Lester Gardner, was indicted for the murder of Richard Lukasiak. Defendant pleaded non vuli on May 2, 1966. On May 10, 1966, after a trial in which Hicks testified as a witness for Gardner, the latter was found guilty of second degree murder. On May 23, 1966 Gardner was sentenced to 25 to 30 years and Hicks to 20 to 25 years. However, Gardner’s conviction was reversed on appeal and…