People ex rel. Curry v. Warden

OPINION OF THE COURT

Richard Lee Price, J.

Petitioner moves to vacate parole warrant No. 577078 claiming that his current detention is illegal because the Department of Correctional Services (DOCS) administratively calculated his sentence to run consecutive to an undischarged term of parole even though the sentencing judge was silent on the matter. The Division of Parole (Division) claims that the sentence runs consecutive to the undischarged term by operation of law and, therefore, petitioner’s writ is without merit and should be dismissed in its entirety.

In deciding this matter, the court…