Stephenson vs. Carlton

We granted this appeal to determine whether the appellant's sentence of life without parole for first- degree murder was an illegal sentence and, if so, whether the appellant was entitled to habeas corpus relief. The trial court dismissed the petition for habeas corpus and the Court of Criminal Appeals affirmed. We conclude, and the State concedes, that the sentence of life without parole was not a statutorily authorized punishment at the time the appellant committed the offense of first-degree murder and that the illegal sentence was properly challenged in a habeas corpus petition. We reverse the judgment of the Court of Criminal Appeals and remand the case to the trial court for further proceedings.