Pennington v. State (Per Curiam)Annotate this Case
In 1978, Appellant entered a negotiated plea of guilty in the circuit court in three cases. Under Act 1993 of 1977, which was in effect when Appellant committed the offenses, he was not eligible for release on parole unless his life sentences were commuted to a term of years. In 2012, Appellant filed a pro se petition for writ of habeas corpus alleging, inter alia, that his constitutional rights were violated when he was sentenced to life imprisonment for crimes committed when he was a minor. The circuit court denied relief. The Supreme Court affirmed but, on rehearing, held that the sentencing orders against Appellant were facially invalid in light of the recent decision in Hale v. Hobbs. Appellant was subsequently resentenced. Appellant then filed a pro se motion to withdraw his 1978 guilty pleas on the ground of ineffective assistance of counsel and a pro se motion for relief from the resentencing order. The trial court dismissed the pro se pleadings. The Supreme Court dismissed the appeal and remanded the matter for an amended sentencing order in one case, holding that the trial court did not err in denying Appellant’s pro se pleadings but that the sentencing order in 60CR-77-1934 was incorrect.