State v. AlfordAnnotate this Case
The Supreme Court affirmed the decision of the district court summarily denying Appellant’s motion to correct and illegal sentence, holding that Appellant’s claims could not be raised in a motion to correct an illegal sentence.
In his motion, Appellant argued that his hard forty sentence was illegal because the sentencing jury considered inadmissible hearsay evidence and was wrongly instructed that it needed unanimously to recommend the hard fifteen sentence. The district court summarily denied Appellant’s motions, concluding that a motion to correct an illegal sentence was not the appropriate vehicle to raise his challenges to his sentence. The Supreme Court affirmed, holding that Appellant could not raise his arguments in his motion to correct an illegal sentence.