England v. Newton

Undercofler, Presiding Justice.

The state appeals this habeas corpus case after the habeas court granted the petitioner relief. It involves sentencing on revocation of probation where there has been an intervening sentence. The state argues that the revoked probated sentence may be made consecutive to the intervening sentence, while the petitioner insists that it must be concurrent. We agree with the habeas court and the petitioner and affirm.

Ernest Rudy Newton pleaded guilty to burglary in August, 1973, and received a five-year probated sentence. On February 23,1974, a jury in another county…