State v. Heronemus
Annotate this CaseDefendant was convicted of one count of rape and one count of aggravated criminal sodomy, both class B felonies. Under the indeterminate sentencing scheme then in effect, class B felonies required a minimum prison term of between five and fifteen years and a maximum term of twenty years to life. Because Defendant had a prior conviction, the court sentenced Defendant to thirty years to life on his rape conviction and ten to forty years for his aggravated criminal sodomy conviction. The court ordered the sentences to run consecutively. Later, the district court summarily denied Defendant's pro se motion to correct an illegal sentence. The Supreme Court affirmed, holding (1) the district district court did not err in summarily denying Defendant's motion without holding an evidentiary hearing or appointing counsel; and (2) Defendant did not receive an illegal sentence.
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