Alvin Featherstone vs. State

The Defendant, Alvin Featherstone, appeals as of right from the trial court's denial of post-conviction relief without an evidentiary hearing. He pleaded guilty to possession of cocaine for resale on October 15, 1998. He was sentenced to eight years imprisonment, to be served in the Community Corrections program. It appears that the Defendant's Community Corrections sentence was revoked, and he was resentenced on March 24, 1999 to an eight year sentence to be served in the Department of Correction. On December 8, 1999, the Defendant filed a petition for post-conviction relief, alleging that the trial court erred by revoking his Community Corrections sentence and resentencing him and further alleging that he was not informed he had the right to appeal the revocation and resentencing. The trial court summarily dismissed the petition as barred by the statute of limitations. We hold that the petition was not barred by the statute of limitations. Accordingly, we reverse the judgment of the trial court dismissing the petition for post-conviction relief.