IN MATTER OF KING v. RHAY, 51 Wn.2d 895 (1958)

320 P.2d 1102

In the Matter of the Application for a Writ of Habeas Corpus of RALPH R. KING, Petitioner, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.[1]

No. 34483.The Supreme Court of Washington. Department Two.
January 30, 1958.

[1] Reported in 320 P.2d 1102.

Application filed in the supreme court October 10, 1957, for a writ of habeas corpus. Denied; imposition of corrected sentence directed.

Ralph R. King, pro se.
The Attorney General and Michael R. Alfieri, Assistant, for respondent.

PER CURIAM.

On June 15, 1956, the petitioner entered a plea of guilty to the “crime of violating Section 9.54.020 of the revised code of Washington (commonly known as `joy riding’).” Judgment and sentence was thereupon entered by the superior court, providing that petitioner be punished by imprisonment for a period of not more than twenty years.

For the reasons indicated in the per curiam opinion in In re Richey v. Squier, ante p. 38, 315 P.2d 638, filed September 17, 1957, the petitioner is to be returned to the court where his plea was entered, and that court is directed to impose a corrected sentence of not more than ten years, as provided by the properly applicable statute, i.e. RCW 9.92.010, Rem. Rev. Stat., § 2265.

Writ of habeas corpus denied; imposition of corrected sentence directed.