Stover v. Page

• Decision Date: 05 February 1969
• Docket Number: No. A--14983,A--14983
• Citation: 450 P.2d 511
• Parties: Johnny STOVER, Petitioner, v. Ray H. PAGE, Warden, Oklahoma State Penitentiary, and State of Oklahoma, Respondents.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 511

450 P.2d 511

Johnny STOVER, Petitioner, v. Ray H. PAGE, Warden, Oklahoma State Penitentiary, and State

of Oklahoma, Respondents.

No. A--14983.

Court of Criminal Appeals of Oklahoma.

Feb. 5, 1969.

Syllabus by the Court

1. A writ of habeas corpus will be denied where it is alleged that if Petitioner is granted credit for 151 days jail time served prior to entrance in the penitentiary that he will be entitled to his present release when records show that even with credit for jail time Petitioner is not entitled to release as he must serve an additional 2 year sentence when his present sentence is satisfied.

Original proceeding in which Johnny Earl Stover seeks a writ of habas corpus. Writ denied.

Johnny Earl Stover, pro se.

G. T. Blankenship, Atty. Gen., H. L. McConnell, Asst. Atty. Gen., for respondents.

PER CURIAM:

This is an original proceeding in which Johnny Earl Stover, presently confined in the Oklahoma State Penitentiary, has petitioned this court for a writ of habeas corpus alleging that he is entitled to one hundred fifty one days of jail time served in the county jail prior to the time he was transfered to the penitentiary to serve his present sentence of three concurrent eight year terms from Comanche County, Oklahoma, for the crimes of armed robbery imposed on May 11, 1964, Case Nos. 4401, 4402, 4403. Petitioner alleges that if the one hundred fifty one days of jail time are allowed as a deduction from his term of imprisonment he would be entitled to release from the penitentiary on August 30, 1968.

Petitioner's prison records reflect that after being sent to the penitentiary at McAlester he was transferred to the State Reformatory at Granite. On July 19, 1965, Petitioner escaped from the Granite Reformatory and was subsequently returned on May 10, 1966. Thereafter, on a plea of guilty Petitioner was sentenced to an additional two year term of imprisonment in the District Court of Kiowa County for the crime of escape, Case No. 2554--C, June 1, 1966. The prison records reflect that Petitioner would be entitled to be released from his Comanche County sentence on January 31, 1969. However, on completion of his sentence from Comanche County Petitioner must serve the two year sentence from Kiowa County.

57 O.S.Supp.1968, § 138, provides in relevant part as follows:

'All inmates serving their first term with a good conduct record and Who have no infraction of the rules and regulations of the penal institution shall be allowed...