Lumley v. State
Annotate this CaseAppellant James Lumley, a prisoner incarcerated in the Arkansas Department of Correction, filed a petition for writ of habeas corpus, contending his sentence was illegal because it exceeded the presumptive sentence to be imposed under the sentencing grid and because his guilty plea was taken in violation of Ark. R. Crim. P. 24. The circuit court denied the writ. Lumley appealed, arguing (1) the circuit court erred in failing to hold a hearing on the matter or to include written findings of fact in its order, (2) the state and circuit court misconstrued his Rule 24 argument, and (3) the trial court was not permitted to exceed the presumptive sentence without a jury. The Supreme Court affirmed, holding (1) there is no requirement that the trial court provide findings of fact in its order denying the request for the writ; (2) Lumley failed to state probable cause for issuance of the writ and no hearing was warranted; (3) claims concerning compliance with Rule 24 are not cognizable in habeas proceedings; and (4) Lumley did not allege that his sentence falls outside the statutory range and thus the petition did not state a basis to warrant issuance of the writ.
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