State Ex Rel. Ahern v. Young

Rogosheske, Justice.

Appeal from an order discharging a writ of habeas corpus and remanding petitioner to respondent for execution of a 3-year sentence imposed upon his conviction of forgery. The question for decision is whether petitioner is entitled to credit toward the expiration of his sentence for time spent on probation.

Following his plea of guilty to forgery, petitioner was sentenced on July 10, 1962, for a term not to exceed 3 years. On that date the court entered an order staying the execution of the sentence and placing petitioner on probation on the conditions that he serve 90 days…