Wesley v. State (Majority)
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The Supreme Court affirmed the judgment of the trial court dismissing Appellant's pro se petition to correct an illegal sentence under Ark. Code Ann. 16-90-111, holding that the trial court correctly denied relief where Appellant failed to establish that his sentence was illegal and the petition was untimely filed.
Appellant was found guilty in 1993 of aggravated robbery and other offenses. In his petition under section 16-90-111 Appellant alleged that the sentence for aggravated robbery was illegal because it exceeded the "mandatory minimum" sentence permitted under the sentencing statutes in effect when he committed the offenses and that his convictions violated the Double Jeopardy Clause. The Supreme Court affirmed the trial court's denial of the petition, holding that Appellant was not entitled to relief because, pursuant to either section 16-90-111 or Ark. R. Crim. P. 37.1, Appellant's petition was not timely filed.
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