Hudson v. Day

JaFITZSIMMONS, Judge.

Plaintiff, Barry Hudson, was sentenced on September 25, 1990 for purse snatching. On September 27, 1990, Mr. Hudson was adjudicated an habitual defendant and sentenced to ten years. The minutes of September 27, 1990, as well as the commitment form, related that the original sentence was vacated and a new sentence meted out to Mr. Hudson as an habitual offender. However, we note that in the sentencing transcript, the judge failed to set aside the original sentence.

Mr. Hudson wanted the Department of Corrections to recognize his eligibili*703ty for “good-time” under his…