Opinion
C.A. No. 00M-06-072-WTQ, ID #9904007640.
Received in Chambers: June 29, 2000.
Decided: June 29, 2000.
Letter Opinion and Order on Defendant's Pro Se Application for Writ of Habeas Corpus — APPLICATION DENIED
Gentlemen:
I acknowledge receipt of Mr. Moon's application, pro se, for a Writ of Habeas Corpus. As I understand the complaint, Mr. Moon alleges that he was held in default of bail on his recent DUI conviction (IN 99090828) from October 5, 1999 until March 29, 2000. I understand that Mr. Edinger will be filing today a Motion for Reduction of Sentence on the same ground.
The matter is somewhat confused because Mr. Moon was evidently held on unrelated charges during all or part of the period in question. I understand from Mr. Edinger the unrelated charges have not been disposed of but that Mr. Moon has made bail on them.
If all of the above proves to be correct, it seems to me that Mr. Moon may well be entitled to have the time served credited against his DUI sentence. That will assure that he gets credit for the time pursuant to a conviction. He obviously should not get credit for the time twice. Mr. Moon is presently committed as a result of a felony conviction plainly and fully set forth in the committing sentence. Therefore, Habeas Corpus is not appropriate and Mr. Moon's Petition for a Writ of Habeas Corpus is DENIED. IT IS SO ORDERED.
On the other hand, the Court will consider the Motion to Reduce the Sentence on the DUI conviction. If the Attorney General wants to be heard on that Motion, I ask the Attorney General to respond within one week after the Motion has been served. I would ask counsel to expedite this matter because Mr. Moon is claiming a credit for a substantial portion of a mandatory six month sentence. He does have an additional 60 days of mandatory time due to his conviction for driving while his license was suspended.