ROMITO v. MAXWELL

No. 40656.

10 Ohio St. 2d 266 (1967)

ROMITO v. MAXWELL, WARDEN.

Supreme Court of Ohio.

Decided June 7, 1967.


Attorney(s) appearing for the Case

Messrs. Macejko & Macejko, for petitioner.

Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.


Per Curiam.

It is petitioner's contention that his burglary sentence in 1957 was vacated by the habitual criminal proceedings, that such sentence was not reimposed after the setting aside of the habitual criminal conviction, and that, therefore, there is no sentence upon which he can now be detained.

Section 2961.13, Revised Code, relating to habitual criminals, reads in part as follows:

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