State v. McEvoyAnnotate this Case
In 1988, Appellant was convicted of misdemeanor assault and felony sexual intercourse without consent and was also designated a persistent felony offender (PFO). In 2013, Appellant filed a petition for writ of habeas corpus, claiming that he was wrongly sentenced for both the underlying felony and his PFO status. The Supreme Court granted the petition and remanded for correction of the illegal sentence. On remand, the district court resentenced Appellant during a status conference docketed under a newly-created civil cause number when neither Defendant nor his attorney were present. The Supreme Court reversed, holding that Appellant was sentenced with a complete lack of statutory or constitutional process. Remanded for a sentencing hearing.