Brooks v. Rhay

This matter involves a petition for writ of habeas corpus challenging the action of the Board of Prison Terms and Paroles in unilaterally changing an illegal sentence. The trial court dismissed the petition for writ of habeas corpus and Division Three of the Court of Appeals affirmed the trial court's dismissal.

It appears from the records herein that the sentencing judge expressly ordered that the petitioner's sentence was to run concurrently with a previously imposed sentence. By doing so, the sentencing judge clearly intended to show the petitioner some leniency. However, it is undisputed…