Hogan v. Payne (Majority)

The Supreme Court affirmed the denial of Appellant's petition for writ of habeas corpus arguing that his sentence was illegal and that an amendment to the information was to vague to suffice as an amendment, holding that Appellant was not entitled to relief.

After a jury trial, Appellant was convicted of possession of cocaine with intent to deliver. The jury sentenced Appellant as a habitual offender to a total of 125 years' imprisonment, and the court of appeals affirmed. Appellant later filed this petition for a writ of habeas corpus arguing that the State's oral amendment to the information was deficient. The circuit court denied the petition. The Supreme Court affirmed, holding that the trial court had authority to sentence Appellant as a habitual offender, and his sentence was within the range authorized under Ark. Code Ann. 5-4-501(b).