State v. Petersen

Kelly, Justice.

This is an appeal from the denial of a motion to correct or vacate a sentence. We also review the propriety of an order discharging a writ of habeas corpus. This issue presented is whether a state sentence following a burglary conviction, imposed after appellant had pleaded guilty to a separate Federal crime but before the Federal sentence was imposed, should run concurrently with or consecutively to the Federal sentence. The district court held that the failure of the state trial judge to specify that the *479state sentence should run concurrently with the Federal sentence…