Cleesen v. Brewer

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 30, 1968. See Code, 1971, § 745.1. On February 17, 1971, he commenced his first postconviction proceeding against the warden of the…