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Saraulla v. Walker

Superior Court Hartford County
Mar 13, 1945
13 Conn. Supp. 307 (Conn. Super. Ct. 1945)

Opinion

File No. 73024

The applicant, who sought to effect his release from prison by writ of habeas corpus, was sentenced in Fairfield County in 1932 "for a period of not exceeding ten years, as a maximum term, and not less than five years as a minimum term .... on the first count; and one year on each of the second, third and fourth counts." The applicant was paroled in 1937. In 1938, the applicant violated his parole, whereupon a request was issued to the authorities in New York, where the applicant was under arrest, for his return. The applicant was not then returned to Connecticut, but was convicted and sentenced to a New York state prison for a term of from seven to fourteen years. In imposing sentence the New York court stated that it had notified the Connecticut authorities that it believed the sentence it imposed was sufficient to cover everything the applicant had done in his lifetime, that such punishment was sufficient to cover the balance of the applicant's time in Connecticut, and that it, the court, was requesting the Connecticut authorities "to take our punishment into consideration and to consider that it includes their time." The applicant was returned to Connecticut in 1943, and was confined at the time of the application in state prison. The sentence imposed in Fairfield County was required to be construed as imposing consecutive, and not concurrent, terms, since in order that a sentence on successive counts may be construed as imposing concurrent terms there must be a minimum and maximum on each count. The sentence imposed a term of not less than five nor more than thirteen years. The maximum sentence had not expired at the time of the application, and the applicant was then still properly confined. Connecticut was not bound by the provision of the sentence of the New York court, so that the Connecticut sentence was required to be held to have run concurrently with the New York sentence: (1) because what the New York court said in imposing sentence was not intended to be part of that court's judgment and was at most a request to the Connecticut authorities to waive the balance of the applicant's Connecticut sentence; and (2) because even had it been formally adjudged by the New York court that the sentence it was imposing was to be in substitution for the balance of the Connecticut sentence, such an adjudication could have no effect in Connecticut. The applicant was remanded to the custody of the defendant warden.

MEMORANDUM FILED MARCH 13, 1945.

Jack Saraulla, pro se.

Memorandum of decision on application for writ of habeas corpus.


This is an application for a writ of habeas corpus. The applicant was sentenced in Fairfield County on October 26, 1932, "for a period of not exceeding ten years, as a maximum term, and not less than five years as a minimum term .... on the first count; and one year on each of the second, third and fourth counts." He was paroled on July 8, 1937. He violated his parole and on August 11, 1938, a request was issued to the authorities in New York, where he was under arrest, for his return. On December 2, 1938, in the County Court for Bronx County, New York, he was sentenced for from seven to fourteen years in state's prison. In imposing that sentence the court stated that it had notified the Connecticut authorities that it thought that that time was sufficient to cover everything that he, the applicant, had done during his life, that the punishment being given him was sufficient to cover the balance of the time in Connecticut, and that it was requesting the Connecticut authorities "to take our punishment into consideration and to consider that it includes their time." He was returned to Connecticut on October 15, 1943, and has been confined in state prison ever since.

On this application he makes two contentions. The first is that the sentence imposed in Fairfield County must be construed as imposing concurrent sentences because the court did not specify that the terms should be consecutive. A sentence imposed on successive counts in the form of the sentence in this case must be construed as imposing consecutive terms. In order that a sentence on successive counts may be construed as imposing concurrent terms there must be a minimum and maximum on each count. Abt. vs Walker, 126 Conn. 218. Accordingly, the sentence in this case must be construed as imposing a term of imprisonment of not less than five nor more than thirteen years. Upon this construction of the sentence, making allowance of time for good behaviour, in accordance with section 1471e of the 1939 Supplement to the General Statutes, his maximum sentence will expire on January 17, 1948. So far as this point is concerned, therefore, the applicant is still confined properly.

His second contention is that Connecticut is bound by the provision of the sentence of the County Court for Bronx County, the Connecticut sentence must be held to have been running concurrently with the New York sentence, and that on that basis the Connecticut sentence has long since expired. The answer to this contention is twofold. In the first place, it appears that what the New York court said in imposing sentence did not in any way purport to control the Connecticut sentence. At most it was a request to the Connecticut authorities to waive the balance of the applicant's sentence here. This request was not intended to be a part of that court's judgment. In the second place, even though it had been formally adjudged by the New York court that the sentence which it was imposing was to be in lieu of or substitution for the balance of the Connecticut sentence, such an adjudication in New York could have no effect in Connecticut. That adjudication was one to enforce the criminal law of New York and therefore has no extraterritorial effect. 34 C.J., Judgments, § 1573, p. 1107. Moreover, it is clear that a New York court has no jurisdiction nor power to modify a judgment of a Connecticut court. The full faith and credit clause of the United States Constitution does not compel the courts of one state to recognize the judgment of a court of another state if the latter court had no jurisdiction to enter such judgment. For these reasons even though the request of the Bronx County Court had purported to be an order to the Connecticut authorities to treat the term of imprisonment imposed by it as a part of this applicant's Connecticut sentence, there is no reason why either Connecticut prison authorities or the Connecticut courts should feel in any way bound by it.


Summaries of

Saraulla v. Walker

Superior Court Hartford County
Mar 13, 1945
13 Conn. Supp. 307 (Conn. Super. Ct. 1945)
Case details for

Saraulla v. Walker

Case Details

Full title:JACK SARAULLA vs. RALPH H. WALKER, WARDEN

Court:Superior Court Hartford County

Date published: Mar 13, 1945

Citations

13 Conn. Supp. 307 (Conn. Super. Ct. 1945)

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