Opinion
No. 2 CA-HC 9.
November 24, 1965. Rehearing Denied January 4, 1966. Review Denied February 1, 1966.
Prisoner brought a habeas corpus proceeding in the Court of Appeals against the State of Arizona and the warden of the State Prison and others. The Court of Appeals, Krucker, C.J., held that where total time served by prisoner, with all allowable credits, including double time under statute, would not total minimum or maximum amount of his sentence, his petition for writ of habeas corpus would be denied.
Petition for writ of habeas corpus denied.
Don Gregor, in pro. per.
Darrell F. Smith, Atty. Gen., Phoenix, for respondents.
Petitioner, Don Gregor, filed a petition for a writ of habeas corpus. He was sentenced to the Arizona State Prison for a term of not less than 30 nor more than 35 years, commencing March 3, 1949. The petition states that 35 years, 7 months and 5 days have been served as of the date of filing the petition on September 7, 1965.
We have carefully examined the petition and the calculations made by the petitioner, as well as the applicable statutes. Examination of the petition indicates that the petitioner claims 13 years, 11 months statutory time under the provisions of A.R.S. § 31-251.
From our examination of the appropriate statutes, the maximum statutory time earned from the time of commencement of the sentence to date of filing the petition, under the provisions of A.R.S. § 31-251, would be 6 years.
The total time served, with all allowable credits, including the double time under A.R.S. § 31-252, as stated in the petition, would not total the minimum or maximum amount of the petitioner's sentence.
It is, therefore, ordered that the petition for writ of habeas corpus is denied.
HATHAWAY and MOLLOY, JJ., concur.