Supreme Court of Arkansas

Holly v. Hobbs

December 10, 20152015 Ark. 467

Summary

The court affirmed dismissal of Holly's habeas petition because he failed to establish probable cause that his consecutive sentences for first-degree murder and aggravated robbery were illegal. Although the circuit court incorrectly stated that Holly had previously litigated the double-jeopardy issue, the court held that the sentences did not violate double jeopardy because the offenses were separately punishable and aggravated robbery was not a lesser-included offense of the murder charge.