Castro v. Rivera

In December 2002, petitioner was sentenced as a second felony offender to a prison term of 31h to 7 years upon his conviction of attempted criminal sale of a controlled substance in the third degree. The sentence and commitment order was silent as to the manner in which this sentence was to run relative to petitioner’s prior undischarged prison terms. Respondent Department of Correctional Services treated petitioner’s 2002 sentence as running consecutively to his prior undischarged terms, prompting petitioner to commence a habeas corpus proceeding to challenge that computation and the…