Jordan v. Maxwell

Ohio Supreme Court

Jordan v. Maxwell

204 N.E.2d 61, 1 Ohio St. 2d 76, 30 Ohio Op. 2d 144, 1965 Ohio LEXIS 559

CourtOhio Supreme Court

DecidedJanuary 20, 1965

DocketNo. 39156

StatusPublished

Cited by2 cases

This text of 204 N.E.2d 61 (Jordan v. Maxwell) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jordan v. Maxwell, 204 N.E.2d 61, 1 Ohio St. 2d 76, 30 Ohio Op. 2d 144, 1965 Ohio LEXIS 559 (Ohio 1965).

Pincite

Opinion

Per Curiam.

Petitioner in the instant case does not attack the validity of either of his convictions. His sole contention is that he should be serving both sentences concurrently.

Where one on parole is convicted of another offense, the sentences on the different convictions run consecutively unless the sentence for the latter offense specifically provides that it shall run concurrently with the sentence for the prior offense. King v. Maxwell, Warden, 173 Ohio St. 536; Stewart v. Maxwell, Warden, 174 Ohio St. 180.

Inasmuch as neither of petitioner’s sentences has expired, he is presently properly imprisoned, and relief by habeas corpus does not lie.

Petitioner remanded to custody.

Taut, C. J., Zimmerman, Matthias, 0 ’Neill, Herbert, Schneider and Brown, JJ., concur.

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