Wesley v. Kelley (Per Curiam)Annotate this Case
Appellant was convicted of aggravated robbery, kidnapping, and theft. Appellant’s convictions and sentences were affirmed on appeal. Appellant later filed a petition to correct an illegal sentence pursuant to Ark. Code Ann. 16-90-111, asserting that his sentence was illegal because the trial court sentenced him in excess of the “mandatory sentencing guideline of aggravated robbery” and because he was charged and convicted on offenses based on the same conduct that violated the prohibition against double jeopardy. The circuit court dismissed the action. The Supreme Court dismissed Appellant’s appeal, holding that because Appellant improperly named the director of the Arkansas Department of Corrections as a party and because the State should have been served with the petition but was not, the circuit court had no jurisdiction to make a merit determination on this matter.