Romito v. Maxwell

It is petitioner’s contention that his burglary sentence in 1957 was vacated by the habitual criminal proceedings, that such sentence was not reimposed after the setting aside of the habitual criminal conviction, and that, therefore, there is no sentence upon which he can now be detained.

Section 2961.13, Revised Code, relating to habitual criminals, reads in part as follows:

“* * * If the accused pleads guilty to such indictment, or if the jury finds him guilty, or if the court finds him guilty after waiver of a jury, the court shall sentence him to the punishment prescribed in Section 2961.11…