RIVERA v. ROSE

No. 72-1400.

465 F.2d 727 (1972)

Robert RIVERA, Petitioner-Appellee, v. Jimmy ROSE, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

August 16, 1972.


Attorney(s) appearing for the Case

Bart Durham, Asst. Atty. Gen., Nashville, Tenn., for respondent-appellant; David M. Pack, Atty. Gen. of Tenn., on brief.

William E. Martin, Nashville, Tenn., for petitioner-appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and KENT, Circuit Judges.


KENT, Circuit Judge.

In July, 1957, petitioner was convicted of two separate felonies and by verdict of the jury was sentenced to 15 years on each offense, the sentences to be served consecutively. In January, 1958, he was convicted of a third felony and the jury imposed a sentence of 10 years. Thus, in January, 1958, the petitioner was subject to a total sentence of 40 years. He appealed from the 1957 convictions and the convictions were reversed. No appeal was taken...

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