Opinion
[H.C. No. 112, September Term, 1957.]
Decided April 23, 1958.
HABEAS CORPUS — Application for Leave to Appeal from Denial of Writ — Not Filed in Time — Correcting Sentence. An application for leave to appeal from the denial of a writ of habeas corpus, not being filed within thirty days from the date of such denial, was not filed in time. However, the Court noted that it had been informed that the applicant's sentence, which exceeded the maximum sentence authorized for his offense, had been corrected since the filing of his application. pp. 646-647
J.E.B.
Decided April 23, 1958.
Habeas corpus proceeding by Joseph Pacyna against the Warden of the Maryland House of Correction. From a refusal of the writ, petitioner applied for leave to appeal.
Application denied, with costs.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
The applicant's petition for a writ of habeas corpus was denied by Chief Judge John B. Gontrum of the Circuit Court for Baltimore County on November 7, 1957, after a hearing held on that date. His petition for leave to appeal was not filed until December 27, 1957, on which day an undated communication from the applicant postmarked December 25, 1957, was received by the Chief Judge of this Court. This document was entitled "Immediate Motion for Declaratory Judgment". It was not designated as an application for leave to appeal, but it was apparently intended as such and the applicant was promptly so informed, and was also advised that it could not be determined from his application, which did not give the date of the order of remand to the custody of the Warden, whether it was or was not filed in time.
Since it now appears that it was not filed within thirty days from the date of denial of the petition, it is clear that it was not filed in time. Its allegations were, however, examined. The only one which might seem to call for special comment in such circumstances is that the two-year sentence imposed for his offense exceeded the maximum authorized sentence therefor, which was eighteen months. This contention was well founded, and we are informed by both the applicant and the Assistant Attorney General handling this matter that the sentence has been corrected since the filing of this application.
Application denied, with costs.