Opinion
No. 31, September Term, 1967.
Decided November 15, 1967.
POST CONVICTION PROCEDURE — Petition May Be Filed Whether Confinement Is Result Of Conviction Attacked Or Result Of Some Other Unexpired Sentence. Under Code (1957), Art. 27, § 645A (e), a petition may be filed whether or not the petitioner's confinement is the result of the conviction attacked or the result of some other sentence which has not yet expired. p. 420
Decided November 15, 1967.
Application for leave to appeal from the Criminal Court of Baltimore (GRADY, J.).
William Henry Wills instituted a proceeding under the Uniform Post Conviction Procedure Act, and, from a denial of relief, he applied for leave to appeal.
Application denied.
Before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.
Application for leave to appeal from a denial of post conviction relief by Judge J. Harold Grady of the Criminal Court of Baltimore is denied for reasons stated by the court below. It should be pointed out, however, that under Md. Code Art. 27, § 645A(e) a petition under the Uniform Post Conviction Procedure Act may be filed whether or not the petitioner's confinement is a result of the conviction attacked or the result of some other sentence which has not yet expired. See Simon v. Director, 235 Md. 626, 629.
Application denied.