Alphonse Johnson v. C. Murray Henderson, Warden, Louisiana State Penitentiary

The State of Louisiana appeals from an order of the district court, 328 F.Supp. 704, granting relief to a Louisiana state prisoner on a writ of habeas corpus. We affirm.

Alphonse Johnson was convicted of theft in a state court in 1959. After serving one-third of his 10-year sentence he was paroled; but while on parole he pled guilty to simple burglary and was sentenced, on January 11, 1968, to five years. The five-year sentence was to run consecutively with the balance of the ten-year sentence, the parole having been revoked. However, on December 2,1970, the earlier theft conviction was…