Boutot v. State

POMEROY, Justice.

In the usual Habeas Corpus Post Conviction petition, allegations are made that a conviction should be set aside for reasons there given.

Not so in this case.

We are here presented with an issue, which though not unprecedented1 is to say the least unusual in that we are asked only to determine when a validly imposed sentence resulting from a conviction should commence. We conclude that the Petitioner is entitled to a credit of one year and 17 days on the sentence he is now serving.

Arrival at this conclusion has not been easy because of the complexity of the facts which are…