Mohammed v. State (Per Curiam)
Annotate this CaseAppellant pleaded guilty to second-degree murder and was sentenced to an aggregate sentence of fifty-five years’ imprisonment. Defendant later filed a petition to correct an illegal sentence under Ark. Code Ann. 16-90-111, alleging that the sentence reflected on the judgment imposed for second-degree murder was outside of the statutory range, that the judgment was facially invalid, and that the sentence must be corrected. The trial court denied the petition. The Supreme Court affirmed but remanded with instructions, holding (1) the trial court’s findings that Appellant was sentenced as a habitual offender and that the sentence imposed was not illegal were not clearly erroneous; but (2) because the trial court found that Appellant was sentenced as a habitual offender, and the box that would indicate that Appellant was sentenced as a habitual offender was not checked on the judgment, the trial court should have corrected the judgment to accurately reflect Appellant’s habitual-offender status.
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