Tolson v. State

SHEPARD, Justice.

In granting appellant David Tolson's Petition for Post-Conviction Relief, we noted this Court's recent adoption of amendments to section 10 of Rule 1 of the Rules of Procedure for Post-Conviction Remedies. Those amendments alter the earlier prohibitions against imposition of a greater sentence upon any reconviction than was imposed as a result of the original conviction.

The amendments to the Rule were issued effective January 1, 1986, and our earlier decision in this case indicated that they would apply to Tolson and to any other "petitions upon which relief is granted after…