State v. KingsleyAnnotate this Case
Appellant was convicted of first-degree premeditated murder and sentenced to a hard forty life sentence. Defendant filed a motion to correct an illegal sentence claiming that his sentence was illegal because was based on an incorrect criminal history score and that his due process rights were violated when his sentence was imposed based on that error. After a hearing, the district court concluded that Appellant’s criminal history did contain an error but that resentencing was unnecessary because an illegal sentence was not created by this error. The Supreme Court affirmed, holding (1) the hard forty sentencing determination in Appellant’s case did not turn on his criminal history classification and conformed to the then-controlling statutory provision; and (2) Appellant’s due process claim was not cognizable in a motion to correct an illegal sentence.