Hayes v. Director of Patuxent Institution
Hayes v. Director of Patuxent Institution
Opinion of the Court
The applicant raises many questions in his application to appeal. We find it necessary to consider but one: Did the Criminal Court of Baltimore have jurisdiction to determine whether or not applicant was a defective delinquent ?
He was convicted of robbery on September 21, 1954, in the Criminal Court of Baltimore, and, on the same day, sentenced to not more than seven years in Maryland State Reformatory for Males. In October, 1955, he was convicted of escape in the Circuit Court for Washington County and sentenced to six months’ confinement to begin at the expiration of his previous sentence. The record does not disclose with clarity and certainty the exact date when he was first referred to the Patuxent Institution. The trial judge in applicant’s first application for post conviction relief (227 Md. 640) states in his opinion, dated June 8, 1961, that applicant had been transferred to Patuxent sometime after 1958. The record herein shows that applicant was formally ordered transferred to Patuxent on October 14, 1960, by order of the Board of Correction. From the above, it is apparent that applicant was not referred to Patuxent at any time prior to October, 1955, the date of his conviction for escape; and that the Circuit Court for Washington County was “the last court which sentenced defendant” before his transfer to- said institution. He was tried in the Criminal Court of Baltimore on November 10, 1961, found to be a defective delinquent, and ordered committed to Patuxent.
Code (1957), Article 31B, Section 6 (e), provides that “the court which last sentenced the defendant * * * shall retain ju
Application for leave to appeal granted. The order of the Criminal Court of Baltimore determining Hayes to be a defective delinquent is vacated, and the case remanded without prejudice to the conduct of further proceedings in the Circuit Court for Washington County.
Reference
- Full Case Name
- HAYES v. DIRECTOR OF PATUXENT INSTITUTION
- Status
- Published