Frank Edward Pennington v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

Fourth Circuit

Frank Edward Pennington v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

405 F.2d 623

CourtCourt of Appeals for the Fourth Circuit

DecidedJanuary 8, 1969

Docket12782_1

StatusPublished

This text of 405 F.2d 623 (Frank Edward Pennington v. C. C. Peyton, Superintendent of the Virginia State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank Edward Pennington v. C. C. Peyton, Superintendent of the Virginia State Penitentiary, 405 F.2d 623 (4th Cir. 1969).

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Opinion

PER CURIAM:

Frank Edward Pennington was first tried as a recidivist in March 1961 and given a one year sentence. This sentence on petitioner’s motion was vacated in October of 1963 as required by Chewning v. Cunningham, 368 U.S. 443, 82 S. Ct. 498, 7 L.Ed.2d 442 (1962). A second re-trial was subsequently invalidated. At his third trial in the Circuit Court of the City of Richmond in June of 1967 he was again convicted and sentenced to a term of two years, with six months suspended for good behavior. The district court held that under Patton v. North Carolina, 4 Cir., 381 F.2d 636, Pennington could not constitutionally be sentenced for a term longer than imposed at his first trial. A writ of habeas corpus was issued to compel his release unless lawfully re-sentenced within the limitation of Patton.

We adhere to our decision in Patton v. North Carolina, supra, and since no other question is presented on appeal we summarily affirm.

Affirmed.

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PER CURIAM:

Frank Edward Pennington was first tried as a recidivist in March 1961 and given a one year sentence. This sentence on petitioner’s motion was vacated in October of 1963 as required by Chewning v. Cunningham, 368 U.S. 443, 82 S. Ct. 498, 7 L.Ed.2d 442 (1962). A second re-trial was subsequently invalidated. At his third trial in the Circuit Court of the City of Richmond in June of 1967 he was again convicted and sentenced to a term of two years, with six months suspended for good behavior. The district court held that under Patton v. North Carolina, 4 Cir., 381 F.2d 636, Pennington could not constitutionally be sentenced for a term longer than imposed at his first trial. A writ of habeas corpus was issued to compel his release unless lawfully re-sentenced within the limitation of Patton.

We adhere to our decision in Patton v. North Carolina, supra, and since no other question is presented on appeal we summarily affirm.

Affirmed.

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405 F.2d 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-edward-pennington-v-c-c-peyton-superintendent-of-the-virginia-ca4-1969.

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