Patterson v. State

After his conviction, Appellant was sentenced to a term of imprisonment. After Appellant was sentenced, the State successfully filed a motion to correct Appellant's sentence, which was illegal, by increasing the maximum term by three months. Appellant later filed successive motions to reduce his sentence, both of which were denied. Thereafter, Appellant filed a motion to correct illegal sentence, arguing that his original sentence was illegal and asserting that his sentence had been increased without notice or an opportunity to be heard in violation of his constitutional rights. The district court set aside the order increasing Appellant's sentence and reinstated Appellant's original sentence. The Supreme Court vacated Appellant's sentence, concluding that while the increased sentence was correctly set aside, the original sentence was illegal and could not be reimposed. On remand, Appellant raised a speedy sentencing issue. The district court denied relief with respect to the speedy sentencing issue and imposed a new sentence. The Supreme Court affirmed the amended judgment and sentence, holding (1) there was no violation of Appellant's right to a speedy trial; (2) Appellant's correct sentence was legal; and (3) Appellant's double jeopardy rights were not violated when his sentence was increased by three months after he had begun serving it. View "Patterson v. State" on Justia Law