State Ex Rel. Fowler v. Purkett

OPINION

BOOKER T. SHAW, Judge.

In his petition for habeas corpus, Richard Fowler (“Relator”) attacks the lawfulness of his confinement by the Superintendent of the Missouri Eastern Reception, Diagnostic and Correctional Center, James Purkett (“Respondent”). Relator alleges he is being unlawfully restrained by Respondent because the trial court exceeded its jurisdiction in sentencing him to thirty-years imprisonment for statutory sodomy. Relator argues the statute criminalizing his conduct was amended prior to sentencing, and as a result, he was entitled to be sentenced under the amended…