MORGAN v. COX

No. 7963.

406 P.2d 347 (1965)

75 N.M. 472

Edward E. MORGAN, Petitioner, v. Harold A. COX, Warden of the New Mexico State Penitentiary, Respondent.

Supreme Court of New Mexico.

Rehearing Denied October 25, 1965.


Attorney(s) appearing for the Case

Edward T. Johnson, Santa Fe, for petitioner.

Boston E. Witt, Atty. Gen., Harry S. Connelly, Asst. Atty. Gen., Santa Fe, for respondent.


PER CURIAM:

The only question here involved is whether time served under a void sentence is to be considered and credited against a subsequent sentence, upon a second conviction for the same offense.

The record discloses that on February 11, 1963, petitioner pleaded guilty to an information containing four felony counts, and was sentenced to serve a term in the penitentiary of not less than one nor more than three years concurrently on two counts and not less...

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