Ex Parte David Allen Rich, Applicant

Summary

The Court held that an inmate may raise a claim of an illegal sentence based on an improper enhancement for the first time on a writ of habeas corpus, even though the issue was not raised on direct appeal and the inmate pleaded true to the enhancement. The judgment was vacated and the case remanded for a new sentencing hearing. Justice WOMACK filed a concurring opinion disagreeing with the first half of the majority’s analysis.