Ferguson v. State
Annotate this CaseAppellant was convicted of eleven counts of burglary. At his arraignment, Appellant peremptorily disqualified Judge Kalokathis and the case was assigned to a different judge. After Defendant was convicted, the case was again assigned to Judge Kalokathis for sentencing. Judge Kalokathis sentenced Appellant to a total of forty-four to eighty-eight years but later vacated Appellant's sentence because he had previously been disqualified. Judge Grant was assigned the case for resentencing and sentenced Appellant to a total of fifty-two to seventy-five years. Appellant's convictions were affirmed on appeal. Appellant later filed a motion to correct an illegal sentence, asserting that Judge Grant improperly increased the original sentence in violation of his due process rights. The district court denied Appellant's due process claim. The Supreme Court affirmed, holding (1) Appellant's claims were barred by the doctrine of res judicata because Appellant failed to raise them in the direct appeal from his convictions; and (2) Appellant's sentence on resentencing did not violate his constitutional due process and double jeopardy protections.
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