Jordan v. Maxwell

Ohio Supreme Court
Jordan v. Maxwell, 1 Ohio St. 2d 76 (Ohio 1965)
204 N.E.2d 61; 30 Ohio Op. 2d 144; 1965 Ohio LEXIS 559
Brown, Herbert, Matthias, Neill, Schneider, Taut, Zimmerman

Jordan v. Maxwell

Opinion of the Court

Per Curiam.

Petitioner in the instant case does not attack the validity of either of his convictions. His sole contention is that he should be serving both sentences concurrently.

Where one on parole is convicted of another offense, the sentences on the different convictions run consecutively unless the sentence for the latter offense specifically provides that it shall run concurrently with the sentence for the prior offense. King v. Maxwell, Warden, 173 Ohio St. 536; Stewart v. Maxwell, Warden, 174 Ohio St. 180.

Inasmuch as neither of petitioner’s sentences has expired, he is presently properly imprisoned, and relief by habeas corpus does not lie.

Petitioner remanded to custody.

Taut, C. J., Zimmerman, Matthias, 0 ’Neill, Herbert, Schneider and Brown, JJ., concur.

Reference

Full Case Name
Jordan v. Maxwell, Warden
Cited By
2 cases
Status
Published