Lott v. State

NIX, Presiding Judge.

This is an original proceeding in Ha-beas Corpus filed in this Court by the Petitioner, Johnny Rod Lott, # 66667, an inmate of the Oklahoma State Penitentiary. He was sentenced to 2 years for the crime of Second Degree Burglary from the District Court of Oklahoma County on March 16, 1962.

Petitioner seeks release from confinement on the basis of being a first offender, and so alleges in his verified petition. His contention is based on the portion of Title 57 O.S'.A. § 138, which reads as follows:

“ * * * All inmates serving their first term with a good conduct record and…