Simpson v. Page
| Decision Date | 13 July 1966 |
| Docket Number | No. 59575,No. A--13915,P,59575,A--13915 |
| Citation | 416 P.2d 635 |
| Parties | Howard R. SIMPSON, O.S.P.etitioner, v. Ray PAGE, Warden of the Oklahoma State Penitentiary, Respondent. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court
1. Every person who has been or who in the future may be sentenced to imprisonment in any State penal institution, shall in addition to any other deductions provided by law, be entitled to a deduction from his sentence for all time during which he has been or may be on parole; provided, that he shall not be entitled to credit for time on parole which had been or shall be revoked. 57 O.S.A. § 350.
2. A paroled prisoner is entitled to credit for time on parole and statutory good time allowance, so long as he observes conditions of his parole, and if he breaches such conditions, upon revocation of parole all time served on parole is forfeited.
3. Penitentiary inmate is entitled to credit toward fulfillment of his prison sentence for donation of blood to accredited agencies. 57 O.S.A. § 138.
Original proceeding in which Howard R. Simpson, O.S.P. No. 59575 seeks release from the State Penitentiary. Writ denied.
Sid White, Oklahoma City, for petitioner.
Charles Nesbitt, Atty. Gen., Hugh H. Collum, Ass't. Atty. Gen., for respondent.
This is an original proceeding wherein petitioner, Howard R. Simpson, O.S.P. No. 59575, filed his petition for a writ of habeas corpus, alleging that he has served his two sentences in the State Penitentiary; and that the officials of the penitentiary are not allowing him full credits toward his release; that when such credits are allowed him, he will be entitled to be discharged from the penitentiary.
Petitioner is presently serving two sentences, one for a term of ten years, and the second for one year. His time on the ten year sentence commenced to run on August 17, 1960. Petitioner correctly alleges that he has been granted a total of 420 days leave of absence from the penitentiary. He contends further, that when such full leave time is applied toward his sentences, he will be entitled to be discharged from the penitentiary. However, this situation poses the question concerning whether or not petitioner is entitled to receive credit for those days he was on leave, when the leave of absence granted on or about April 4, 1962 was subsequently revoked on February 21, 1963.
Title 57 O.S.A. § 138 makes provision for granting such prisoner credit for 'good time' and 'work time' deductions from his prison sentence, and additional credit for the donation of blood to accredited agencies.
Title 57 O.S.A. § 350 provides:
'Every person (hereinafter referred to as 'convict') who has been or who in the future may be sentenced to imprisonment in any state penal institution Shall, in addition to any other deductions provided for by law, be entitled to a deduction from his sentence for all time during which he has been or may be on parole; * * *.'
This Court has previously held that this portion of the statute applies to 'leaves of absence' granted by the Executive Authority of the State of Oklahoma. See: Application of Hughes, Okl.Cr., 372 P.2d 885; Moore v. State, Okl.Cr., 386 P.2d 648.
We are of the opinion that the meaning of the word 'parole' as used in the...
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State ex rel. Wiseman v. Oklahoma Bd. of Corrections
...(Okl.Cr.1969); Habeas Corpus of Roberson, 400 P.2d 459, 460, 461 (Okl.Cr.1965). Pugh v. State, 416 P.2d 637 (Okl.Cr.1966); Simpson v. Page, 416 P.2d 635 (Okl.Cr.1966) upholding 57 O.S.1979 Supp. § 138 and 57 O.S.1971, § 350; Doubt as to constitutionality of a statute will always be resolved......
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Boggs v. State, PC--76--469
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Chase v. Page
...A Governor's revocation of a convict's parole cancels credit for good time for the entire period while he was on leave. Simpson v. Page, Okl.Cr., 416 P.2d 635 (1966). Pappan v. Page, Okl.Cr., 422 P.2d 470 Petitioner's second contention is that revocation of a parole must comply with the ful......
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Shelton v. Page, A--14274
...that his parole was revoked without reason, the records of the Pardon and Parole Board do not support this contention. In Simpson v. Page, Okl.Cr., 416 P.2d 635, this Court, speaking through the Honorable Tom Brett, in the second Syllabus, set forth the 'A paroled prisoner is entitled to cr......