Trahan v. Cupp

Defendant was sentenced to a maximum of five years, three years of which were to be concurrent with a prison sentence he was already serving and two years to be consecutive to the sentence he was already serving. The post-conviction court changed the sentence to a straight five-year concurrent sentence, and the state appeals.

The petition for post-conviction relief alleged that petitioner’s imprisonment was illegal because the sentence (1) exceeded the maximum allowed and (2) was not in accordance with the sentence authorized by law.

On October 22, 1970, the petitioner entered a plea of guilty…