Willingham v. State (Majority)Annotate this Case
The Supreme Court reversed the judgment of the circuit court denying Appellant's pro se petition to correct an illegal sentence, holding that the circuit court erred in denying the petition.
Appellant pled guilty to one count each of aggravated residential burglary, aggravated robbery, kidnapping, and theft of property. Appellant was sentenced to an aggregate sentence of fifty-four years' imprisonment. Appellant filed a petition to correct an illegal sentence, alleging that his sentence exceeded the penalty for a Class D felony. In response, the circuit court entered an amended sentencing order nunc pro tunc. Appellant then filed a second petition challenging his sentence. The circuit court denied the petition on the basis that an amended order had been entered in the case. The Supreme Court reversed and remanded the case to correct the sentencing order, holding that the circuit court's nunc pro tunc failed to correct certain sentencing errors.