SIMMONS v. STATE


471 S.E.2d 455 (1993)

John J. SIMMONS, Petitioner, v. The STATE, Respondent.

Supreme Court of South Carolina.

October 7, 1993.


ORDER

Petitioner filed an "Emergency Petition for a Writ of Mandamus" seeking his immediate release. The Court granted petitioner's writ to address the novel issue of the effect of reversal of a conviction and sentence on a later imposed consecutive sentence. Construing his petition as a writ of habeas corpus, we hold petitioner's consecutive sentence commenced on the date of imposition rather than on the date the first sentence was reversed. Based upon documentation...

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