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1 Ohio St. 2d 76

Jordan v. Maxwell

Ohio Supreme Court

Decided January 20, 1965

Ohio Supreme Court · decided 1965-01-20

Cited by 2 later decisions — most recently August 2012

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1965-01-20

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Per Curiam.

¶1Petitioner 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.

¶2Where 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.

¶3Inasmuch as neither of petitioner’s sentences has expired, he is presently properly imprisoned, and relief by habeas corpus does not lie.

¶4Petitioner remanded to custody.

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