TYREE v. MORAN

No. H-697.

113 Ariz. 275 (1976)

550 P.2d 1076

Thomas TYREE, Petitioner, v. John J. MORAN, Director, Arizona Department of Corrections, Harold J. Cardwell, Warden, Arizona State Prison, Respondents.

Supreme Court of Arizona, In Banc.

June 4, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Teresa S. Thayer, Asst. Atty. Gen., Phoenix, for respondents.

Thomas Tyree, in pro. per.


HOLOHAN, Justice.

Petitioner seeks a writ of habeas corpus contending that the respondents are wrongfully detaining him in the Arizona State Prison. Petitioner alleges that he must be released from prison pursuant to A.R.S. § 31-411.

Petitioner was heretofore sentenced to a term of imprisonment of not less than five years nor more than seven years with sentence to commence to run from September 14, 1971. Although the maximum sentence has not expired petitioner...

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