143 Conn. 559 | Conn. | 1956
The plaintiff applied to the Superior Court for a writ of habeas corpus, alleging that certain sentences of imprisonment imposed upon him were invalid and that he was being illegally confined. The court ordered judgment entered denying the application, and the plaintiff has appealed.
The plaintiff entered a plea of guilty on October 21, 1953, in the Superior Court in Windham County to the first, second, and fourth counts of an information charging him, in the first count, with breaking and entering with criminal intent; Cum. Sup. 1955, § 3277d; in the second, with larceny of property of the value of $820; General Statutes § 8401; and in the fourth, with larceny of property of the value of $1628.46. Ibid. The court sentenced him to be confined in the state prison, on the first count, one to two years; on the second count, two years; and on the fourth count, one year. He was committed on October 21, 1953. The plaintiff claims, first, that the sentences run concurrently. If that is so, then the maximum term has expired.
We have said in construing the statute (now § 8825) that when a maximum and a minimum term are fixed under one count and only one period under each of the other counts, the necessary implication is that the terms are to run consecutively. Abt v. Walker, 126 Conn. 218, 220, 10 A.2d 596. We have also said that “where two or more sentences to state prison are imposed at the same time, ordinarily a maximum and a minimum period are set for the
The plaintiff further contends that the sentences on the second and fourth counts, being for two and one year, respectively, violate § 8825 because they are not for indeterminate terms. He relies upon Leifert v. Turkington, 115 Conn. 600, 162 A. 842. In that case we said (p. 603): “A sentence in which the maximum and minimum period of confinement expire at the same time would be for a definite period, and would not comply with either the letter or spirit of the indeterminate sentence law.” The case is not in point because the court in that case was considering the fixing of a sentence for only one offense. Furthermore, when the terms of imprisonment fixed in the sentence of the court are to run consecutively, § 8825 provides that “the court imposing such sentences shall name no minimum term of imprisonment except under the first sentence,” which was done in the case at bar. In this event,
There is no error.
In this opinion the other judges concurred.