Galcatcher v. Page, A--14471

• Decision Date: 17 January 1968
• Docket Number: No. A--14471,A--14471
• Citation: 437 P.2d 284
• Parties: 1968 OK CR 14 Tommy GALCATCHER, O.S.P. $75693, Petitioner, v. Ray PAGE, Warden of the State Penitentiary, Respondent.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 284

437 P.2d 284

1968 OK CR 14

Tommy GALCATCHER, O.S.P. $75693, Petitioner, v. Ray PAGE, Warden of the State Penitentiary, Respondent.

No. A--14471.

Court of Criminal Appeals of Oklahoma.

Jan. 17, 1968.

Syllabus by the Court

1. A cause is determined by the allegations in the body of the petition and prayer, rather than the heading, particularly where the petitioner is not trained in law and files pro se.

2. Petition, although titled as one for writ of habeas corpus, is treated as one in mandamus rather than habeas corpus, where only relief asked was that hold order placed against petitioner at state penitentiary for court costs in trial be dismissed.

3. Only the county where costs were incurred in criminal trial is authorized to collect costs from defendant, and warden of state penitentiary is not authorized to enforce payment of court costs. 28 O.S.A. § 101; 57 O.S.A. § 15.

4. It was duty of authorities under statutes relating to assessment of court costs in criminal action against defendant and providing for enforcement of same by imprisonment at rate of $1 per day to place a detainer on inmate in state penitentiary who had not satisfied costs of case in which he was convicted so that the inmate could be returned to county jail of county from which he was committed in order to satisfy costs. 28 O.S.A. § 101; 57 O.S.A. § 15.

Original proceeding wherein petitioner seeks dismissal of hold order for court costs. Writ denied.

Tommy Galcatcher, pro se.

G. T. Blankenship, Atty. Gen., Hugh H. Collum, Asst. Atty. Gen., for respondent.

BRETT, Judge:

Tommy Galcatcher, O.S.P. #75693, has filed in this Court what he styles as a petition for habeas corpus. Petitioner did not have the assistance of an attorney in preparing his petition.

Petitioner alleges that he was convicted on June 21, 1967 in the district court of Rogers County, Oklahoma, and is now serving a sentence of two years in the state penitentiary as a result of his conviction.

Petitioner states that the illegality of his confinement arises from the fact that the authorities of Rogers County have placed a hold order against him with the authorities of the state penitentiary. The hold order is for the court costs assessed against him in the amount of $267.55, resulting from his prosecution. This hold order, he states, prevents him from making parole, or trusty, or to better himself while confined in said institution.

While the petition of this inmate is not clear, it is evident that he seeks only to have the hold order dismissed. For that reason this act is treated as one in mandamus, rather than habeas corpus.

The Oklahoma Statutes (Tit. 28 O.S.A. § 101) provide, among other things, that all costs of the prosecution of all criminal actions shall, in case of a conviction, be adjudged a part of the...