Barr v. Crisp
- Reporters:
- ,
- Before:
- Bussey
OPINION
William David Barr, hereinafter referred to as Petitioner, has filed a Writ of Habеas Corpus in the above styled and numbered cause, in which he alleges thе following:
On February 4, 1974, Petitioner entered a plea of guilty to the crime of Auto Burglary in the District Court, Tulsa County, Case No. CRF-73-2201. Thereafter, on the 1st day of May, 1974, he was convicted in the District Court, Comanche County, Case No. CRF-73-817, for the crimе of Burglary in the Second Degree, After Former Conviction of a Felony. In thе Tulsa County case Petitioner received a sentence of five (5) years’ imprisonment, and in the Comanche County case, he received a sentence of fifteen (15) years’ imprisonment.
On March 13, 1975, Petitioner was re-billed into the Oklahoma State Penitentiary under inmate number 88131-1, and commenced serving thе five (5) year sentence for the crime of Auto Burglary from the District Court, Tulsa County, Case No1. CRF-73-2201.
Petitioner contends, and attaches to his pleadings, a certified copy of the Court Clerk of Comanche County, setting forth that Petitioner spent a total of 134 days in the Comanche County Jail, on what is now considered to be a void judgment and sentence, and that said 134 days should be credited toward his Tulsa County ■ sentence of five (5) years’ imprisonment. He relies оn Floyd v. State, Okl.Cr.,
We are of the opinion that Petitioner should be granted the 134 days spеnt in the Comanche County Jail as credit toward the completion of his fivе (5) year sentence in Tulsa County Case No. CRF-73-2201, and direct that the prison authоrities correct his records to reflect the same.
For the reasоns above set forth, Petitioner is granted the 134 days spent in the Comanche Cоunty Jail as credit toward the completion of his five (5) year sentencе in Tulsa County Case No. CRF-73-2201.
APPENDIX
IN THE DISTRICT COURT OF COMANCHE COUNTY STATE OF OKLAHOMA
THE STATE OF OKLAHOMA, ' PLAINTIFF VS. WILLIAM DAVID BARR, DEFENDANT
MOTION TO DISMISS
Comes now, the duly elected, qualified and acting District Attorney of Comanche County, Oklahoma, and requests the Court to dismiss the above styled and numbered cause for the following reasons:
(1) On the 1st day of May, 1974, the dеfendant, William David Barr, was tried and convicted for the offense of Burglary in thе Second Degree. After Former Conviction of a Felony,21 O.S. 1971 S 1435.
(2) All of the evidеnce used at the trial to connect the defendant with the crime chаrged was discovered after the defendant was stopped by the arresting officer, (including the identification of the defendant as the driver of the stоlen automobile) .
(3) The defendant prefected a timely appеal to the Oklahoma Court of Criminal Appeals which REVERSED AND REMANDED this case to the Distriсt Court for retrial. The Court of Criminal Appeals further instructed the trial court to suppress any and all evidence derived as a result of the searсh of defendants’ person or automobile, including evidence observed in plain view and verbal testimony.
(4) Without said evidence the State of Oklahoma would be unable to connect the defendant with the crime.
ORDER
Now on this 7th day of April, 1975, upon Motion of the Assistant District Attorney, Richard Robertson, the Court finds and hereby orders that the above styled and numbered case should be dismissed.
