Charles Livingston v. Dexter Payne

Summary

The court affirmed dismissal of Livingston’s habeas petition because both sentencing orders were facially valid and within the circuit court’s jurisdiction. The original sixty-month probation sentence was authorized for the Class B felony to which Livingston pleaded, and the later 120-month imprisonment sentence was within the statutory maximum upon revocation. The court also declined to consider Livingston’s voluntariness-of-plea argument because he raised it for the first time on appeal.