Wolfe v. State

On Petition for Rehearing

CASE SUMMARY

Buchanan, P.J.

Kenneth Wolfe (Wolfe) challenges our decision dismissing his appeal on jurisdictional grounds, claiming we should have considered the appeal on its merits, i.e., whether he should have been granted the right to elect a determinate sentence instead of receiving an indeterminate sentence because the penalty for rape was changed between the trial date and sentencing date.

We now grant Wolfe’s Petition for Rehearing and decide the appeal on its merits.

We affirm the j udgment.

PREVIOUS PROCEEDINGS

In a Memorandum Decision handed down October 4, 1976,…