Opinion
[H.C. Nos. 104 118, September Term, 1957.]
Decided March 21, 1958.
CRIMINAL LAW — Fourth Sentence to Run Consecutively with Term Being Served Began at Expiration of Entire Period of Commitment. Where petitioner was sentenced on May 5, 1942, in three larceny cases to consecutive terms of one, one and two years respectively, and a fourth sentence of twenty-four months for assault and battery was imposed on September 11, 1942, "to run consecutively with term defendant is now serving", the fourth sentence did not begin to run at the expiration of the one-year term for the first larceny (as petitioner claimed), but "at the expiration of the entire period for which [he] had been committed". pp. 630-631
CRIMINAL LAW — Prisoner Escaping and Serving Time in Virginia — Not Entitled to Credit on Maryland Sentences for Time Served in Virginia, Subsequent to Placing of Detainer. A prisoner confined in Maryland, who escaped and was convicted of a crime committed in Virginia and sentenced to the Virginia Penitentiary, after which the Maryland authorities placed a detainer against him, was not entitled, as a matter of right, upon being returned to this State, to receive credit on his Maryland sentences for the time served in Virginia, subsequent to the placing of the detainer. He did not start to serve the remainder of his Maryland sentences until he was returned here, and the detainer did not become effective until then. p. 631
J.E.B.
Decided March 21, 1958.
Habeas corpus proceedings by Dorsey C. Calp against the Warden of the Maryland House of Correction. From refusals of the writ, petitioner applied for leave to appeal.
Applications denied, with costs.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
These applications for leave to appeal from denials of writs of habeas corpus were consolidated at the petitioner's request. They raise two points:
1. Petitioner alleges that he was convicted in the Criminal Court of Baltimore on May 5, 1942, in three indictments for larceny, and sentenced to one, one and two years, respectively, to run consecutively. On September 11, 1942, he was tried and sentenced by a trial magistrate in Anne Arundel County, after a plea of guilty to assault and battery, to twenty-four months, "to run consecutively with term defendant is now serving". Petitioner does not challenge the right of the magistrate to try him. Rigor v. State, 101 Md. 465. But he contends that the sentence imposed by the magistrate began to run at the expiration of the one-year term for the first larceny, which he was then serving. We find no merit in the contention. A similar contention was made in Johnson v. Warden, 196 Md. 672, 674, 675, where a sentence for escape was made to begin at the expiration "of his present term of confinement", and the petitioner had been sentenced for two different crimes for periods of four and six years respectively. We said that the language quoted "undoubtedly meant at the expiration of the entire period for which the applicant had been committed".
2. Petitioner alleges that he escaped on May 21, 1945, and was convicted of a crime committed in Virginia, and sentenced to the Virginia Penitentiary. A detainer was placed against him by the Maryland authorities, and he was returned to this State on August 30, 1957. He contends that he should receive credit for the time served in Virginia, subsequent to the placing of the detainer. We think it is clear that petitioner did not start to serve the remainder of his Maryland sentences until he was returned here, and the detainer did not become effective until then. He was not entitled as a matter of right to the time served in Virginia. Cf. Gariti v. Brophy, 7 N.Y.S.2d 19, appeal dism., 18 N.E.2d 863 (N.Y.); State v. Brandfon, 119 A.2d 185 (N.J.); Commonwealth v. Day, 124 A.2d 426 (Pa. Super.).
Applications denied, with costs.