State v. PetersonAnnotate this Case
The Supreme Court affirmed the judgment of the district court judge granting in part and denying in part Defendant's motion to correct an illegal sentence, holding that this Court cannot consider the merits of Defendant's constitutional arguments because a motion to correct an illegal sentence is an improper vehicle for them.
Defendant was sentenced to life imprisonment without the possibility for parole for twenty-five years, known as a hard twenty-five, upon his plea of no contest to first-degree murder. Defendant later filed a motion to correct an illegal sentence, arguing that his hard twenty-five was constitutionally disproportionate and that the district judge erred by imposing lifetime postrelease supervision. The district court agreed that Defendant should not be subject to lifetime postrelease supervision but rejected Defendant's constitutional challenge. Defendant appealed, arguing that his hard twenty-five was disproportionate under the state and federal constitutions. The Supreme Court affirmed, holding that a motion to correct an illegal sentence cannot raise claims that a sentence violates a constitutional provision.