Wheeler v. Jernigan

Jordan, Chief Justice.

Appellant brought his petition for habeas corpus, seeking on Sixth, Eighth and Fourteenth Amendment grounds to have his concurrent state prison sentences of nine years each on three counts of burglary imposed on December 9,1977, to run concurrently with a five-year federal sentence he had received on September 2,1977, for illegal sale of firearms. The habeas court denied relief, concluding that where there is no reference to the contrary in the sentence itself, sentences imposed by two sovereignties do not run concurrently. Appellant then filed his application with this…