Oglesby v. Leeke

Lewis, Justice:

Appellant, who, after sentence, escaped, served a sentence in another jurisdiction, and therefore resisted extradition, now seeks through post conviction procedures to obtain credit on his sentence for the time he was absent during the escape. The lower court denied the request for such credit and this appeal followed. The facts are stipulated.

Appellant entered a plea of guilty to housebreaking and larceny and was sentenced on May 20, 1970, to serve a period of three (3) years, with the sentence to commence on February 7, 1970. While serving this sentence, appellant escaped on…