Alexander v. Wilson, 26498
| Decision Date | 15 September 1975 |
| Docket Number | No. 26498,26498 |
| Parties | Rayfield ALEXANDER, Petitioner-Appellant, v. Alex WILSON, Warden, Colorado State Penitentiary, Respondent-Appellee. |
| Court | Colorado Supreme Court |
Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for petitioner-appellant.
J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., John R. Rodman, Asst. Atty. Gen., Denver, for respondent-appellee.
This is an appeal from an order entered by the District Court of Fremont County quashing the petitioner's writ of habeas corpus. We affirm.
The petitioner, Rayfield Alexander, was arrested by Colorado state authorities in September, 1970, and charged with two counts of rape in violation of 1971 Perm.Supp., C.R.S.1963, 1 40--3--401 and two counts of conspiracy to commit rape in violation of 1971 Perm.Supp., C.R.S.1963, 40--2--201. 2 Pending trial on these charges and while released on bond, the petitioner was arrested by federal authorities and charged by information with forgery, altering and publishing counterfeit security in violation of 18 U.S.C. § 495.
On October 16, 1970, the petitioner entered a plea of guilty to the charge contained in the federal information. Shortly thereafter, on October 29, 1970, the petitioner pled guilty in Denver District Court to conspiring to commit rape. For this offense the court sentenced the petitioner to serve eight to ten years in the state penitentiary. The state court remanded the petitioner to the custody of the sheriff who was ordered by a mittimus dated October 29, 1970, to convey the petitioner 'with all convenient speed to the penitentiary of the State of Colorado . . ..' However, at this time, a federal detainer had already been lodged against the petitioner. The petitioner was still incarcerated in Denver County Jail when on November 6, 1970, he was sentenced by the United States District Court of Colorado to imprisonment for five years. On November 11, 1970, the petitioner was transported from the Denver County Jail to the United States Penitentiary in Leavenworth, Kansas.
During his incarceration in the federal penitentiary, the petitioner filed a motion in Denver District Court under Crim.P. 35(b), contending that he had not been properly advised when he entered his guilty plea to the state charge. The petitioner was returned to Denver and allowed to withdraw his original plea. Thereupon, the petitioner again pled guilty to the offense of conspiracy to commit rape and was sentenced to serve seven to nine years in the state penitentiary to commence upon completion of the sentence then being served by the petitioner in the federal prison.
Upon completion of his federal sentence, the petitioner was delivered to the Colorado State Penitentiary. Thereafter, the petitioner commenced this action under Crim.P. 35(b), contending that the state had lost jurisdiction of the petitioner when it allowed him to be incarcerated in a federal prison on a sentence imposed subsequent to the state sentence. It was the petitioner's further contention that he had been wrongfully deprived of certain rights that would have accrued to him had he been allowed to serve the state sentence first. The trial court concluded that the petitioner did not have a constitutional right to serve one sentence before the other and on this basis quashed the petitioner's writ of habeas corpus. The petitioner has taken this appeal therefrom.
For purposes of this appeal, the petitioner has reasserted the same arguments offered in the trial court. Essentially, the petitioner argues that:
'because the mittimus of October 23, 1970, was not obeyed, he should either be released by the State of Colorado or be given credit on his Colorado sentence for time served at the federal penitentiary.'
Regarding his first contention, the petitioner relies on Alire v. People, 171 Colo. 228, 446 P.2d 78 (1970) to the effect that as a matter of basic fairness, he should be afforded credit against his state sentence for time served in the federal penitentiary.
The defendant in Alire was convicted of a federal offense and while awaiting appeal, he was subsequently convicted of a state offense. The defendant was sentenced by the state court and immediately transferred to the state penitentiary since he was unable to post bond. Later the defendant's bond was reduced and he was released from the state penitentiary. However, pending the appeal of his state conviction, the defendant was arrested by federal marshals and placed in Denver County Jail. A short time thereafter, this court determined that the reduction in bail was invalid and ordered the defendant's immediate return to the state penitentiary. Nevertheless, the defendant remained in the county jail until he was transferred to a federal penitentiary.
Upon completion of his federal sentence, the defendant in Alire was transferred to the state penitentiary to Complete serving his Colorado sentence. Although the defendant was afforded full credit against his sentence for the time spent in the federal penitentiary, the defendant filed a petition for writ of habeas corpus, arguing that his state sentence should be commuted as a result of the failure of the state officials to transfer him to the state prison as ordered by this court. In denying the defendant's prayer for relief on appeal, we stated:
...
To continue reading
Request your trial
-
Jones v. Martinez, 89SA406
...(1977) (section 16-11-310(2) & (3) repealed July 1, 1979).3 People v. Chavez, 659 P.2d 1381, 1383 (Colo.1983); Alexander v. Wilson, 189 Colo. 321, 540 P.2d 331, 334 (1975); Wilkerson v. Patterson, 174 Colo. 264, 483 P.2d 365, 366 (1971); In re Blocker, 69 Colo. 259, 193 P. 546 (1920). See a......
-
Grenemyer v. Gunter
...good-time credits. See, e.g., People v. Emig, 676 P.2d 1156 (Colo.1984); People v. Turman, 659 P.2d 1368 (Colo.1983); Alexander v. Wilson, 540 P.2d 331 (Colo.1975); Lange v. Schauer, 520 P.2d 753 (Colo.1974); Ex parte Wier, 78 P.2d 1094 (Colo.1938); Ex parte Blocker, 193 P. 546 (Colo.1920);......
-
People v. Lewis
...pursuant to section 18--1--105(1), C.R.S.1973 (1976 Supp.) (one day to ten years imprisonment).2 As pointed out in Alexander v. Wilson, Colo., 540 P.2d 331 (1975), the power of the court to impose such a concurrent sentence does not in all cases create a Right to such a sentencing procedure......
-
People v. Emig
...to the state sentence." We find no merit to the defendant's claims under the facts of this case. See generally Alexander v. Wilson, 189 Colo. 321, 540 P.2d 331 (1975); Alire v. People, 171 Colo. 228, 466 P.2d 78 ...