Middlebrook v. Allen

Hall, Justice.

Lorenzo Middlebrook, presently confined in the Carroll County Correctional Institution, filed a petition for habeas corpus in the superior court of that county. The petition was denied without an evidentiary hearing. His subsequent "Motion for Rehearing” was also denied, and he appeals to this court.

Middlebrook seeks to attack a sentence for escape to be served in the future consecutive to other, present, sentences. A petitioner may properly bring an attack by habeas corpus on a future consecutive sentence (Peyton v. Rowe, 391 U. S. 54 (88 SC 1549, 20 LE2d 426)), and the…