Winter v. State

BURNETT, Judge.

This is a habeas corpus case. We are asked to decide whether a person in custody of the Board of Correction is entitled to a credit against his sentence for time spent on parole. We hold that where, as here, the parole has been revoked, any such credit is statutorily precluded.

The facts framing the issue are as follows. Archie Winter was convicted of first degree burglary in 1976. The district court imposed an indeterminate ten-year prison term. In the course of serving that sentence, Winter was paroled four times, only to have each parole revoked for alcohol-related…