Conner v. Tinsley

Supreme Court of Colorado

Conner v. Tinsley

385 P.2d 259, 153 Colo. 214, 1963 Colo. LEXIS 304

CourtSupreme Court of Colorado

DecidedSeptember 23, 1963

DocketNo. 20,787

StatusPublished

This text of 385 P.2d 259 (Conner v. Tinsley) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conner v. Tinsley, 385 P.2d 259, 153 Colo. 214, 1963 Colo. LEXIS 304 (Colo. 1963).

Pincite

Opinion

Mr. Justice Day

delivered the opinion of the Court.

Plaintiff in error sought a writ of habeas corpus in the trial court on the ground that he having been convicted of forgery was sentenced to the state penitentiary for not less than eight nor more than fifteen years whereas C.R.S. ’53, 40-6-1 provides that the sentence which may be imposed is “* * * not less than one year nor more than fourteen years” in the Colorado State Penitentiary.

[215]*215In the record filed with this court there is no petition for habeas corpus and no order of the court either granting or denying the writ. Instead there was filed a record on the original case entitled “People of the State of Colorado vs. Walter Conner” wherein certain proceedings were had to correct the sentence to provide for the maximum of fourteen years instead of fifteen years as contained in the original sentence.

There being no final judgment on the writ of habeas corpus and no record before this court to review, the writ of error is dismissed.

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Mr. Justice Day

delivered the opinion of the Court.

Plaintiff in error sought a writ of habeas corpus in the trial court on the ground that he having been convicted of forgery was sentenced to the state penitentiary for not less than eight nor more than fifteen years whereas C.R.S. ’53, 40-6-1 provides that the sentence which may be imposed is “* * * not less than one year nor more than fourteen years” in the Colorado State Penitentiary.

[215]*215In the record filed with this court there is no petition for habeas corpus and no order of the court either granting or denying the writ. Instead there was filed a record on the original case entitled “People of the State of Colorado vs. Walter Conner” wherein certain proceedings were had to correct the sentence to provide for the maximum of fourteen years instead of fifteen years as contained in the original sentence.

There being no final judgment on the writ of habeas corpus and no record before this court to review, the writ of error is dismissed.

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Bluebook (online)

385 P.2d 259, 153 Colo. 214, 1963 Colo. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conner-v-tinsley-colo-1963.