Moffitt v. State

OTIS, Justice.

This is a postconviction proceeding raising the issue of the legality of the imposition of a prison term to run consecutively to a previously imposed but unexecuted sentence for an earlier offense.

Petitioner plead guilty in 1978 to burglary, and the trial court imposed a 5-year prison term, with the term to run consecutively to a previously imposed but unexe-cuted sentence of 5 years for a 1976 burglary. After the sentencing judge imposed the 5-year consecutive term, a different judge vacated the stay of execution of the previously imposed sentence.

Petitioner’s argument is that…