Smith v. State (Per Curiam)
Annotate this CaseAppellant Frederick Smith pled guilty to two counts of aggravated robbery and one count each of felon in possession of a firearm, committing a terroristic act, and aggravated assault. Appellant was sentenced to an aggregate term of 600 months' imprisonment. The court of appeals affirmed Appellant's convictions and sentences. Appellant subsequently filed a petition for habeas relief, arguing that his sentences were void and illegal under several theories. The circuit court summarily denied his petition without a hearing. The Supreme Court affirmed, holding (1) because Appellant failed to state probable cause for issuance of the writ, no hearing was warranted; (2) Appellant's argument that the circuit court lacked authority to enter an amended judgment after he had filed his notice of appeal was without merit; and (3) Appellant's assertion that his sentence on the offense of felon in possession of a firearm was illegal was meritless because it did not raise a question of jurisdiction for purposes of habeas corpus relief.
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