Robert Allen Fierro v. Ellis MacDougall

Appellant stands convicted by the Arizona state court of eighteen state crimes ranging from armed rape to auto theft. Prior convictions also were alleged. He was sentenced to a total term of 184 years in the Arizona state prison. Consecutive sentences were imposed in the case of seven of the counts. The longest sentence for a single count was for 45 to 60 years. The judgment was affirmed on appeal and appellant petitioned for a writ of habeas corpus in the District Court for the District of Arizona. The petition was dismissed and this appeal was taken.

Appellant’s sole contention is that he was denied due process in sentencing for the reason that the sentencing court was without authority to impose consecutive sentences. The Arizona legislature has not expressly authorized by statute the imposition of consecutive sentences and appellant argues that under the doctrine of separation of powers it is for the legislature and not the court to fix maximum periods of confinement. He asserts that by its action the court has more then trebled the maximum sentence imposed by law for any of the crimes involved.

Appellant’s contention is without merit. The imposition of consecutive sentences…