Opinion
No. CR 85-194.
Opinion delivered February 2, 1987
CRIMINAL PROCEDURE — POST-CONVICTION RELIEF — PETITION DENIED — NO SHOWING OF ILLEGAL SENTENCE. — Where the jury was given instructions and verdict forms showing the correct range of punishment as provided in Act 280 of 1975, which was in effect at the time the crime was committed, and not Act 620 of 1981 as petitioners allege, which did not go into effect until after the crime, petitioners' request for permission to seek post-conviction relief is denied.
Petition for Permission to Seek Post-Conviction Relief; denied.
Honey Rodgers. P.A., by: Charles L. Honey, for appellant.
Steve Clark, Att'y Gen., by: Theodore Holder, Asst. Att'y Gen., for appellee.
Petitioners request permission to seek post-conviction relief, alleging that they were convicted of rape and illegally sentenced under Act 620 of 1981, which went into effect after the commission of the offense. Our review of the record reflects petitioners are in error. The jury was given instructions and verdict forms showing the correct range of punishment — five to fifty years or life — provided in Act 280 of 1975, which was in effect when the crime was committed. Accordingly, we deny the petition.