Derewood Bible v. State of Arizona, Frank A. Eyman, Warden, Arizona State Prison

Petitioner seeks his release from state custody by an application for a writ of habeas corpus. His petition was filed in forma, pauperis, and asserts facts from which it appears that he has exhausted his state remedies. The district court denied the petition. We affirm.

No questions of fact are raised. Petitioner, Derewood Bible, asserts that prior to December 25, 1966, he was convicted of child molestation and sentenced to one week in jail plus five years probation. Thereafter, on December 25, 1966, he was arrested on a charge of statutory rape, which caused his probation for the first offense to be revoked, and a sentence of not less than 20 nor more than 25 years imprisonment in the state prison to be imposed. Later, he asserts he was convicted on the statutory rape charge and sentenced to imprisonment for a term of not less than 24 nor more than 25 years, this sentence to run concurrently with the earlier one.

Petitioner’s first claim of double jeopardy appears to be frivolous. He did not receive two sentences for the same charge. An allegation that a sentence was imposed upon revocation of probation for one offense together with an allegation that a sentence was imposed for…