Stewart v. State (Majority, with Concurring)
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The Supreme Court affirmed the judgment of the trial court denying Appellant’s petition requesting that the court reconsider and/or modify the sentence imposed in his criminal case, holding that the trial court did not err in finding that it did not have the authority to grant the relief requested by Appellant.
In his petition, Appellant raised no issue of an illegal sentence. Because Appellant did not file his petition to modify the sentence until more than nineteen years after the mandate issued - well outside the statutory sixty-day period for the relief he sought - there was no clear error in the trial court’s denial of relief.
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