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Eidson v. State6/8/2005
gal concurrent sentence, in violation of the statute that requires consecutive sentencing if a felony is committed when a defendant is on bail from a prior felony. Id. at 92. Our Supreme Court reversed the summary dismissal of the petition and remanded the case to the habeas court for the appointment of counsel and an evidentiary hearing. Id. at 95. The Court instructed that, should the habeas court determine that the petitioner was on bail when he committed the offenses and thus that the sentences he received were void, it should transfer the case to the convicting court, where the petitioner would be entitled to withdraw his guilty pleas and proceed to trial for the offenses. Id. at 95-96.
In light of McLaney, we conclude that we are constrained to remand this case to the habeas corpus court for the appointment of counsel and an evidentiary hearing to determine whether the Petitioner was on bail when he committed the offenses in Count 5, Count 8, and Count 9, and for a determination of whether the sentences for those convictions must run consecutively to each other, making the sentences he received void. If so, the habeas corpus court should allow the Petitioner to withdraw his guilty pleas for these counts or proceed to trial for the offenses.
We conclude that all of the Petitioner's other issues are waived and without merit.
III. Conclusion
In accordance with the aforementioned reasoning and authorities, we reverse the judgment of the habeas corpus court, and we remand the case for the appointment of counsel and for an evidentiary hearing.
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