Thompson v. Payne (Majority)
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The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's pro se petition for a writ of habeas corpus, holding that the circuit court did not abuse its discretion in dismissing Appellant's petition.
Appellant was convicted of rape and sentenced to two 120-month terms of imprisonment, to be served consecutively, for an aggregate term of 240 months' imprisonment. The court of appeals affirmed. Appellant later filed his petition for writ of habeas corpus, arguing that his consecutive sentences were illegal because the trial court abrogated the jury's recommendation for concurrent sentences. The circuit court denied the petition. The Supreme Court affirmed, holding that Appellant's argument that the trial court lacked authority to impose consecutive sentences when the jury recommended concurrent sentences was without merit.
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