Lilley v. James

Petitioner was sentenced in 2002 as a second felony offender to a prison term of 4 to 8 years upon his conviction of attempted criminal possession of a controlled substance in the third degree. The sentence and commitment order, however, was silent as to the manner in which this sentence was to run relative to petitioner’s prior undischarged prison terms. Respondent Department of Correctional Services treated petitioner’s 2002 *1249sentence as running consecutively to his prior undischarged terms, prompting petitioner to commence a habeas corpus proceeding to challenge that computation and the…