McClellan v. State

MEMORANDUM DECISION

MeHUGH, Judge:

¶ 1 Carl McClellan claims that the trial court erred in dismissing his petition for postconviction relief without first conducting a hearing or permitting him to respond to the State's motion to dismiss. We dismiss his appeal for lack of subject matter jurisdiction.

¶ 2 McClellan was convicted of first degree felony rape on August 30, 1988, and was sentenced shortly thereafter to five years to life in prison. For reasons not relevant here, McClellan was resentenced in October 2005, which allowed him to file a timely direct appeal. By that time, McClellan had…