Smith v. Kelley (Per Curiam)Annotate this Case
In 1977, Appellant pleaded guilty to rape and aggravated robbery. Appellant was sentenced to life without parole for the rape conviction. The trial court later granted Appellant’s motion for a new trial and again convicted him of rape and robbery. The Supreme Court affirmed. This appeal concerned Appellant’s petition for writ of habeas corpus, in which Appellant asserted that he received an illegal sentence for rape under Graham v. Florida. Appellant was a juvenile at the time of the offense. The circuit court denied habeas relief. The Supreme Court reversed the denial of Appellant’s habeas petition and issued the writ, holding that Appellant’s rape charge was illegal under Graham. Remanded for entry of a sentence of fifty years on the rape charge.