Nelson v. State (Per Curiam)
Annotate this CaseAppellant entered a plea of nolo contendere to aggravated residential burglary, first-degree domestic battering, and first-degree false imprisonment. Three years later, Appellant filed a pro se petition for writ of habeas corpus alleging that the judgment-and-commitment order entered in his criminal case was illegal on its face because he should have been convicted of only aggravated residential burglary and that the convictions for the other two offenses should be vacated. The circuit court denied the petition. The Supreme Court affirmed, holding that because the elements of aggravated residential burglary, first-degree domestic battering, and first-degree false imprisonment required proof of different elements, Appellant did not show that the judgment-and-commitment order was illegal on its face, and, further, the allegation did not call into question the trial court’s jurisdiction.
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