Ex Parte McKelvey

The petitioner, Jeffrey Lee McKelvey, was convicted of burglary in the third degree and theft in the first degree. The trial court sentenced him to serve 15 years' imprisonment for the burglary conviction and 20 years' imprisonment for the theft conviction. The sentences were to run consecutively.

McKelvey appealed his convictions and sentencing to the Court of Criminal Appeals on the grounds that (1) he was improperly sentenced to separate sentences on the burglary and theft convictions, because both charges arose from the same act, (2) his confession was improperly admitted into evidence…