Moss v. State (Per Curiam)
Annotate this CaseIn 1981, Appellant and two other persons were charged with capital felony murder and attempted capital felony murder. The jury only returned a sentence of life imprisonment on the capital-felony-murder charge. In 2010, Appellant filed a petition to reinvest jurisdiction in the trial court to consider a petition pursuant to Ark. R. Crim. P. 37.1, arguing that the sentence imposed for the capital felony murder was void. The Supreme Court denied the petition. In 2012, Appellant filed a pro se motion to adjust sentence, alleging that the trial court erred by failing to instruct the jury to impose separate sentences for capital murder and attempted capital murder. The trial court dismissed the petition. The Supreme Court affirmed, holding that postconviction relief was unavailable because Appellant filed the motion to adjust the sentence in the trial court without having obtained the Supreme Court's leave to do so.
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