Ussery v. State

Summary

The court granted the State’s motion to dismiss Ussery’s appeal from the denial of his sentence-correction petition. It held that his ineffective-assistance claims were governed by Rule 37.1 and were untimely because the petition was filed more than ninety days after entry of the guilty-plea judgment, depriving the trial and appellate courts of jurisdiction. The court also concluded that his constitutional challenges to sentences within the statutory range did not constitute jurisdictional claims of an illegal sentence.