David Cantrell v. Joe Easterling, Warden

Case Number
W2009-00985-SC-R11-HC

We granted this appeal to determine if the defendant’s four sentences for aggravated rape are illegal because each of the four uniform judgment documents designates the defendant as a “Multiple 35% Range 2” offender and does not designate the defendant as a “Multiple Rapist.” Because the four uniform judgment documents indicate that the defendant is eligible for early release on parole, which is in direct contravention of a statutory provision, we hold that the four sentences are illegal and void. The defendant’s underlying convictions of aggravated rape, which arose from a jury verdict before a court of competent jurisdiction, remain intact. We remand this matter to the sentencing court for the entry of four amended judgment orders, each to set forth the legal sentence on each of the defendant’s four convictions of aggravated rape, including the designation that the defendant is a “Multiple Rapist.”

Authoring Judge
Chief Justice Cornelia A. Clark
Originating Judge
Judge Joe Walker
Case Name
David Cantrell v. Joe Easterling, Warden
Date Filed
Dissent or Concur
No
Download PDF Version