Opinion
November 18, 1957.
January 21, 1958.
Criminal law — Practice — Habeas corpus — Consecutive sentences allegedly changed by lumping — Pleas of guilty — Consideration of defendant's prior record — Absence of counsel.
1. In a habeas corpus proceeding, in which it appeared that relator had pleaded guilty to each of five separate indictments for making a check with attempt to defraud and that he had been sentenced on each indictment to undergo imprisonment for a minimum term of six months and a maximum term of one year, the sentences to run consecutively; and that relator contended that the sentences had been changed or lumped to read not less than two and one-half and not more than five years; it was Held that relator's contention was without merit.
2. Relator's further contentions that it was unlawful for the court to consider his prior record in entering sentence, and that the court below had erred in accepting his pleas without the presence of counsel, were Held, in the circumstances, to be without merit.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 140, April T., 1957, from order of Court of Common Pleas of Crawford County, No. 75, Feb. T., 1957, in case of Commonwealth ex rel. Virgil Gilson, alias Buzz Gilson, v. L.P. Keenan, Superintendent. Order affirmed.
Same case in court below: 11 Pa. D. C. 2d 70.
Habeas corpus.
Order entered dismissing petition, opinion by MOOK, P.J. Relator appealed.
Virgil Gilson, appellant, in propria persona.
P. Richard Thomas, District Attorney, for appellee.
Submitted November 18, 1957.
The order of the court below is affirmed on the opinion of President Judge MOOK, as reported in 11 Pa. D. C. 2d 70.