Robinson v. Director

Per Curiam. This is an application for leave to appeal from an order of April 11, 1967, of Judge William J. O’Donnell, presiding in the Criminal Court of Baltimore, denying relief sought under the Uniform Post Conviction Procedure Act after an evidentiary hearing. Applicant was sentenced on June 20, 1961, to a term of not more than eight years on each of four convictions of common law robbery, the sentences to run concurrently. On that date, he was ordered to be committed to Patuxent Institution for examination as a possible defective delinquent as defined by Md. Code (1957), Art. 31B, § 5.

Applicant was found to be a defective delinquent at a hearing in the Criminal Court of Baltimore on September 14, 1962, and was committed to Patuxent Institution. On May 14, 1966, applicant prayed for the issuance of a writ of habeas corpus in the Baltimore City Court. The writ was denied by order filed on August 14, 1966. The application is denied for the reasons set forth in the memorandum of Judge O’Donnell accompanying the order with one exception.

At the hearing, applicant’s counsel alleged that the applicant was “not then taking treatment at Patuxent.” Judge O’Donnell correctly found that such an allegation cannot be raised under the U. P. C. P. A. He said,