Henry v. State (Per Curiam)Annotate this Case
Appellant entered a guilty plea to possession of a controlled substance. On the same date, Appellant also entered a guilty plea to delivery of a controlled substance. The court ordered that the sentences in the two cases be served concurrently. Appellant filed a pro se petition to correct an illegal sentence that encompassed both cases but then decided not to proceed with the petition. The court then entered an order granting Appellant’s request to dismiss the petition. Appellant filed a pro se notice of appeal. Now before the Supreme Court was Appellant’s petition for writ of mandamus in which he sought a writ compelling the trial court to correct the order dismissing his petition to correct the sentences in both cases. The Supreme Court dismissed the appeal and declared the mandamus petition moot, holding that Appellant could not succeed if the appeal were allowed to proceed.