(Download) "State Ex Rel. Philip D. Holm v. Ralph H" by Supreme Court of Minnesota " Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Philip D. Holm v. Ralph H
- Author : Supreme Court of Minnesota
- Release Date : January 17, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In August 1955, petitioner, then 22, was sentenced by the District Court of Ramsey County to an indeterminate term of 10 to
80 years upon his plea of guilty to the crime of first-degree robbery and one prior conviction for robbery in the State of
Nevada in 1953. The sentence of 5 to 40 years prescribed for the underlying offense 1 was doubled because of his prior
felony conviction. 2 In a petition for a writ of , filed in September 1964 with the District Court of Washington County,
he alleges that his Nevada conviction was obtained in violation of his Federal constitutional right to counsel made obligatory
on the states by Gideon v. Wainwright. 3 In this habeas proceeding, only the validity of the prior conviction is challenged. Even though that conviction were ultimately
declared void, petitioner would not be entitled to discharge since he has not yet fully served the sentence for the Minnesota
crime of robbery, which is not here under attack. At most, he can only expect to be remanded for resentencing.