CLEESEN v. BREWER

No. 55402.

201 N.W.2d 474 (1972)

Melvin CLEESEN, Appellant, v. Lou V. BREWER, Appellee.

Supreme Court of Iowa.

October 18, 1972.


Attorney(s) appearing for the Case

Carl A. Saunders, Fort Madison, for appellant.

Richard C. Turner, Atty. Gen., C. Joseph Coleman, Asst. Atty. Gen., and Sidney E. Drake, Deputy Lee County Atty., for appellee.

Heard before MOORE, C. J., and UHLENHOPP, REYNOLDSON, HARRIS and McCORMICK, JJ.


UHLENHOPP, Justice.

This appeal in a postconviction proceeding presents a procedural tangle and a problem of cumulative sentences.

On October 30, 1968, Melvin Cleesen, whom we will call defendant, was sentenced for breaking and entering to a term in the penitentiary not exceeding 10 years. He began incarceration accordingly. On January 5, 1971, he was sentenced for escape to a three-year term in the penitentiary, to run consecutively to the sentence of October...

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