Anthony v. Hopper

Hill, Justice.

The issues involved in this appeal from denial of habeas corpus relief are (1) whether it was a violation of the petitioner’s due process rights to increase, upon resentencing, the penalty previously imposed pursuant to petitioner’s guilty pleas, and (2) whether it was a denial of due process that the petitioner was not present at that resentencing.

Petitioner entered guilty pleas under two separate indictments, one charging him with two counts of sale of heroin (on August 3 and 8, 1972) and the other with possession of heroin (on August 3,1972). He received a five-year…