Giboney v. Johnson

OPINION

BRETT, Judge:

Andrew Giboney filed in this Court a petition for Writ of Habeas Corpus alleging that his present incarceration in the state penitentiary at McAlester, Oklahoma, is unlawful because the hearing at which his suspended sentence was revoked was held without notice in his absence.

The facts are these: Petitioner, Andrew Giboney, pleaded guilty in April, 1968, to a charge of Burglary in the Second Degree in Case No. 3015 of the District Court, McIntosh County. The trial judge thereupon sentenced him to a term of three (3) years imprisonment but suspended that sentence.

On August…