Frederick Pennington, Jr., Appellant v. Ray Hobbs

Summary

The court granted the pro se petition for reconsideration and held that appellant's sentencing orders were facially invalid because they provided for parole eligibility that was not authorized by the statutes in effect when the crimes were committed. Although appellant had not specifically raised the sentencing defect, the court treated the unauthorized sentence as a jurisdictional defect that could not be waived and could be reviewed sua sponte. The court issued the writ of habeas corpus, reversed the denial of relief, and remanded for resentencing.