Carter v. State
| Citation | 523 S.W.2d 639 |
| Parties | William R. CARTER, Appellant, v. STATE of Tennessee, Appellee. |
| Decision Date | 14 February 1975 |
| Court | Tennessee Court of Criminal Appeals |
Richard R. Clark, Nashville, for appellant.
R. A. Ashley, Jr., Atty. Gen., Robert E. Kendrick, Deputy Atty. Gen., Nashville, Edward M. Yarbrough, Asst. Dist. Atty. Gen., Nashville, for appellee.
OPINION
Appellant, William R. Carter, appeals froim the dismissal of his petition for the writ of habeas corpus, filed in Davidson County where he is incarcerated in the penitentiary under sentences pronounced in the Criminal Court of Shelby County. While technically no evidentiary hearing was held upon the petition, a hearing was held in which Carter's counsel elaborated upon the facts alleged in the petition and petitioner's theory of the facts was accepted as true and found by the learned trial judge to constitute an insufficient basis for relief. We concur and affirm the dismissal of the petition.
Habeas corpus relief is sought upon these facts: that Carter was convicted of burglary in the Criminal Court of Shelby County on February 1, 1960, and sentenced to not less than nor more than three years; that he escaped from the workhouse on April 22, 1960, and left the State; that he served a six months sentence for burglary in California beginning August 26, 1960; that he served one year in Oregon beginning September 1, 1961, for assault and battery; that he served another year in Oregon beginning September 29, 1962, for grand theft; that he was convicted five or six times in the State of California on misdemeanor charges and served these sentences in the workhouse in the State of California; that he went to Oregon in 1964 and 1965 and there served two different workhouse sentences for misdemeanors before returning to California; that in 1965 or 1966 he moved to Washington State and maintained a clean record until returning to Tennessee in 1972; that in 1973, in a routine check by his new employer, the City of Memphis, his fugitive status was uncovered and he was summarily reincarcerated; that about two weeks later he again escaped; that he was subsequently captured and convicted of felonious escape for the most recent escape and given an additional one year penitentiary sentence and sent to the penitentiary, from which incarcerations he now seeks release. He contends that Tennessee authorities had constructive notice of his incarcerations in...
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