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.