Yopps v. Warden

Per Curiam. This is an application for leave to appeal from an order of October 10, 1966, of Judge Shirley B. Jones, sitting in the Criminal Court of Baltimore, denying relief prayed in the ap ⁵³⁹ plicant’s first petition filed under the Uniform Post Conviction Procedure Act without a hearing or appointment of counsel. The applicant was convicted of burglary on May 29, 1961, and sentenced to imprisonment for a term of 10 years to begin at expiration of a sentence for violation of parole. The judgment was reversed on appeal and the case remanded for a new trial.

Yopps v. State, 228 Md. 204 . In the subsequent trial he was again convicted of burglary on February 20, 1963, and on July 16, 1963, after a motion for a new trial was denied, he was sentenced to imprisonment for a term of 10 years from February 20, 1963. On September 3, 1963, the sentence imposed on July 16, 1963, was changed to imprisonment for a term of 10 years consecutive with a sentence for violation of parole. The judgment was affirmed on appeal.

Yopps v. State, 234 Md. 216 , cert. denied, 379 U. S. 922 . On January 6, 1965, the change of sentence of September 3, 1963, was stricken out so that the original sentence imposed on July 16, 1963, remained unchanged and in full force and effect. The petition for relief alleges the applicant served 12 months and 14 days under the first conviction until he was released on bail awaiting a new trial and therefore his sentence of 10 years on his subsequent conviction exceeds the maximum sentence for the crime of which he was convicted, since it ran from the time of his subsequent conviction. He further alleges that by the refusal of the sentencing judge to correct the illegal sentence and, if the sentence is not corrected, he is twice in jeopardy for the same crime.