Black v. Erickson

HANSON, Judge.

The applicant in this habeas corpus proceeding, Arnold Lee Black, is an inmate in the State Penitentiary serving an indeterminate sentence of "not more than ten years." He challenges the validity of his sentence which was increased because of prior felony convictions. The trial court ordered him released and remanded to the Circuit Court of Fall River County for resentencing on the principal charge of possessing burglary tools for which the maximum sentence is five years. The State appeals, contending the heavier penalty imposed as an habitual offender was proper and did not…