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Begley v. State

Court of Appeals of Indiana
Jul 26, 1973
157 Ind. App. 98 (Ind. Ct. App. 1973)

Opinion

No. 1-872A42.

Filed July 26, 1973.

CRIMINAL LAW — Sentences — Recomputation to Compensate for Absence from State. — Where appellant had escaped from custody and as a result was incarcerated in a federal prison, the parole board had authority to recompute appellant's sentence by extending the maximum expiration date to compensate for appellant's absence from Indiana while incarcerated in the federal prison.

Appeal from the denial of a petition for post-conviction relief.

From the Jackson Circuit Court, Robert R. Brown, Judge.

Affirmed by the First District.

Harriette Bailey Conn, (Mrs.), Public Defender of Indiana, Malcolm K. McClintick, Deputy Public Defender, for appellant. Theodore L. Sendak, Attorney General, Robert F. Colker, Assistant Attorney General, for appellee.


Begley appeals from the denial of his petition for post conviction relief.

The issue concerns the authority of the Parole Board to recompute the expiration of Begley's sentence. Begley escaped from custody and as a result served time in a Federal Prison. The Parole Board extended the maximum expiration date to compensate for Begley's absence from Indiana while serving in the Federal Prison.

The issue raised has been adversely decided to Begley's interest. Hendrixson v. Lash (1972), 258 Ind. 550, 282 N.E.2d 792; Phend v. Thais (1972), 154 Ind. App. 498, 290 N.E.2d 128.

Judgment affirmed.

NOTE. — Reported at 299 N.E.2d 238.


Summaries of

Begley v. State

Court of Appeals of Indiana
Jul 26, 1973
157 Ind. App. 98 (Ind. Ct. App. 1973)
Case details for

Begley v. State

Case Details

Full title:HOWARD BEGLEY v. STATE OF INDIANA

Court:Court of Appeals of Indiana

Date published: Jul 26, 1973

Citations

157 Ind. App. 98 (Ind. Ct. App. 1973)
299 N.E.2d 238

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