Opinion
No. 39156
Decided January 20, 1965.
Habeas corpus — Sentences for different offenses committed at different times — Run consecutively unless sentence specifically provides otherwise.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. In 1960, petitioner, Johnnie B. Jordan, was indicted for larceny by trick. After a trial by jury and while represented by counsel, he was found guilty and sentenced to the Ohio Penitentiary for a term of one to seven years. Such sentence would ordinarily expire in 1967.
On March 3, 1962, petitioner was paroled. While on parole in 1963, petitioner pleaded guilty to an information charging him with obtaining money under false pretenses, and he was sentenced to a term of one to three years thereon. He was readmitted to the penitentiary on June 27, 1963. On July 10, 1963, as a result of such second conviction, petitioner was declared to be a parole violator. He is now serving his sentence under the 1963 conviction with a "hold" on him for the serving of the remainder of his first sentence for larceny by trick.
Mr. Johnnie B. Jordan, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
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.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.