Opinion
March 22, 1962.
April 12, 1962.
Criminal Law — Practice — Habeas corpus — Sentence to commence after release from prison in other county — Defendant not yet tried or convicted in other county — Resentencing — Term of court — Absence of counsel at resentencing.
In a habeas corpus proceeding, in which it appeared that relator pleaded guilty in Delaware County to indictments charging burglary and larceny, and sentences were imposed; that at the time the plea was entered, he was told that counsel would be furnished him, if he so desired, but he refused counsel; that the sentences imposed were ordered to run consecutively, and it was further directed that these sentences were to be served after release from the Philadelphia County Prison; that although he was being held in Philadelphia, he had not been tried or sentenced, and relator later contended that the direction that the sentences were not to begin until after he had served his sentence in Philadelphia constituted an illegal sentence; that, subsequently, sentences were reimposed, the relator at that time having been sentenced in Philadelphia County; and that the court below, holding that relator's contentions that (a) the court was without jurisdiction to resentence him after the term of court had expired, and (b) he was not represented by counsel at the time of resentencing nor was he asked if he desired counsel at that time, were without merit, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 17, Oct. T., 1962, from order of Court of Common Pleas of Delaware County, June T., 1961, No. 147, in case of Commonwealth ex rel. John J. Clouthier v. James F. Maroney, Superintendent. Order affirmed.
Same case in court below: 26 Pa. D. C. 2d 622.
Habeas corpus.
Order entered dismissing petition, opinion by DIGGINS, J. Relator appealed.
John J. Clouthier, appellant, in propria persona.
Paul R. Sand, Assistant District Attorney, for appellee.
Submitted March 22, 1962.
Appeal from order of court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge DIGGINS of the Court of Common Pleas of Delaware County, as reported in 26 Pa. D. C.2d 622.