Perry, In re, No. 26-79
| Docket Nº | No. 26-79 |
| Citation | 400 A.2d 1013, 137 Vt. 168 |
| Case Date | April 03, 1979 |
| Court | United States State Supreme Court of Vermont |
Page 1013
James L. Morse, Defender General, William A. Nelson, Appellate Defender, and Steve Dunham, Montpelier, for petitioner.
Page 1014
M. Jerome Diamond, Atty. Gen., and Peter B. Brittin and Peter M. Nowlan, Asst. Attys. Gen., Montpelier, for respondent.
Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.
LARROW, Justice.
Appellant brought his petition for writ of habeas corpus to the Franklin Superior Court, where it was denied. Because of the time elements involved, we expedited this appeal under V.R.A.P. 2. Petitioner is serving a term of 18-24 months, imposed by Vermont District Court, Unit No. 1, Rutland Circuit, on November 30, 1978. The facts are undisputed.
[137 Vt. 169] Detained September 2, 1977, petitioner escaped on September 11. He was returned to custody November 11, 1977. Subsequently four sentences were imposed for various offenses, the first three for concurrent terms of 6-12 months, with the fourth, expressed as being consecutive to the other three, being the 18-24 month term he is presently serving. To simplify, we will refer to the three 6-12 month terms as the "first sentence" and the 18-24 month term as the "second sentence." On each mittimus, the trial court gave petitioner credit under 13 V.S.A. § 7031(b) for time already spent in custody, 12 months and 29 days. This determination is not contested. It is of course apparent that at the time the first sentence was imposed, no actual time remained to be served on it, petitioner being entitled to immediate discharge so far as the first term is concerned. As to his second sentence, petitioner contended that he was entitled to conditional release under 28 V.S.A. § 708 as of December 31, 1978, or in the alternative January 29, 1979.
The basic formula for computation of an inmate's conditional release date is relatively simple. His maximum term is reduced by two factors. The first is the "good time" (time off for good behavior under 28 V.S.A. § 811, ten days for each month thereof). The second is for time spent in custody prior to sentence, sometimes called "jail time," mandated by Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970) and Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971), and incorporated in 13 V.S.A. § 7031(b). When computing a conditional release date in advance, the Department of Corrections assumes...
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State v. Blondin, No. 94-048
...bail do not serve a longer sentence than more affluent defendants who are able to make bail and avoid pretrial incarceration. In re Perry, 137 Vt. 168, 170, 400 A.2d 1013, 1015 (1979). Giving defendant double credit under the present circumstances would do nothing to further that purpose, n......
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State v. Percy, No. 91-131
...re Lampman, 135 Vt. 226, 227-28, 373 A.2d 547, 547-48 (1977). But if the sentences are consecutive, a single credit is given. In re Perry, 137 Vt. 168, 170-71, 400 A.2d 1013, 1015 (1979) (purpose of the statute is to provide equal sentencing treatment for persons who raise bail and those wh......
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State v. Longway, No. 26-78
...knowing concealment of stolen property is a crime may, as a practical matter, turn receiving Page 1004 stolen property into a continuing[137 Vt. 168] offense from jurisdiction to jurisdiction, concealment was not charged The trial court, in the absence of proof of a receiving in Vermont, sh......
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Fleming-Pancione v. Menard, 38-1-16 Wncv
...and arson sentences at the same time in the years following the second conviction." Id. at 2 (emphasis added); see also In re Perry, 137 Vt. 168, 170 (1979) ("The words 'consecutive' and 'concurrent' are terms of art, used to describe the relationship of two or more sentences which, at the ......
-
State v. Blondin, No. 94-048
...bail do not serve a longer sentence than more affluent defendants who are able to make bail and avoid pretrial incarceration. In re Perry, 137 Vt. 168, 170, 400 A.2d 1013, 1015 (1979). Giving defendant double credit under the present circumstances would do nothing to further that purpose, n......
-
State v. Percy, No. 91-131
...re Lampman, 135 Vt. 226, 227-28, 373 A.2d 547, 547-48 (1977). But if the sentences are consecutive, a single credit is given. In re Perry, 137 Vt. 168, 170-71, 400 A.2d 1013, 1015 (1979) (purpose of the statute is to provide equal sentencing treatment for persons who raise bail and those wh......
-
State v. Longway, No. 26-78
...knowing concealment of stolen property is a crime may, as a practical matter, turn receiving Page 1004 stolen property into a continuing[137 Vt. 168] offense from jurisdiction to jurisdiction, concealment was not charged The trial court, in the absence of proof of a receiving in Vermont, sh......
-
Fleming-Pancione v. Menard, 38-1-16 Wncv
...and arson sentences at the same time in the years following the second conviction." Id. at 2 (emphasis added); see also In re Perry, 137 Vt. 168, 170 (1979) ("The words 'consecutive' and 'concurrent' are terms of art, used to describe the relationship of two or more sentences which, at the ......