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Hansen v. Page

Court of Criminal Appeals of Oklahoma
Apr 24, 1968
440 P.2d 211 (Okla. Crim. App. 1968)

Opinion

No. A-14584.

April 24, 1968.

Original proceeding in which petitioner seeks credit for time spent on a suspended sentence. Writ denied.

Kelvin Edward Hansen, pro se.

G.T. Blankenship, Atty. Gen., for respondent.


MEMORANDUM OPINION


Kelvin Edward Hansen has filed an application for an order of this Court directing the penitentiary officials to credit him with the time he spent on a suspended sentence prior to the revocation thereof.

Briefly stated, petitioner alleges that on the 16th day of November, 1965, he received a two year suspended sentence in the District Court of Oklahoma County, Case No. 30908, and that thereafter, on the 17th day of August, 1967, the trial court entered an order revoking the order suspending said judgment and sentence, when he was sentenced to serve an additional term of one year in Oklahoma County District Court Case No. 33169. Petitioner alleges that he is entitled to the time he remained free under the suspended sentence prior to the revocation thereof.

Although petitioner alleges that he is entitled to credit for this time, this contention is without merit. A suspended sentence may be revoked at any time prior to the expiration of the same for a violation of its terms and conditions, and the sentence can only thereafter be satisfied by actual service of the same. The relief prayed for is accordingly denied.

Writ denied.

BRETT, J., concurs.


Summaries of

Hansen v. Page

Court of Criminal Appeals of Oklahoma
Apr 24, 1968
440 P.2d 211 (Okla. Crim. App. 1968)
Case details for

Hansen v. Page

Case Details

Full title:KELVIN EDWARD HANSEN, PETITIONER, v. RAY H. PAGE, WARDEN, RESPONDENT

Court:Court of Criminal Appeals of Oklahoma

Date published: Apr 24, 1968

Citations

440 P.2d 211 (Okla. Crim. App. 1968)
1968 OK CR 73

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We are of the opinion that this proposition is patently frivolous. In Hansen v. Page, Okla. Cr. 440 P.2d 211…

Jordan v. State

The sixth assignment of error is the trial court had no jurisdiction to revoke the suspended sentence since…