Shayne Allen Roy v. Robert J. Watson

Shayne Allen Roy appeals from an order and judgment dismissing his petition for writ of habeas corpus in which he challenged as unconstitutional the imposition of consecutive sentences by an Oregon state court absent statutory authority.

FACTUAL BACKGROUND

On June 1, 1976, Roy was initially convicted of theft in an Oregon state court. He was placed on probation for a period of five years. On October 14, 1976, the same court found that Roy had violated the terms of his probation and sentenced him to prison for five years. In 1979, Roy was convicted of escape and was subsequently sentenced to a prison term of five years, to run consecutive to his previous term.

Roy appealed his escape conviction to the Oregon Court of Appeals, which affirmed the judgment. State v. Roy, 46 Or.App. 262 , 613 P.2d 113 (1980). His petition for review by the Oregon Supreme Court was denied.

Having exhausted his state remedies, Roy filed a petition for writ of habeas corpus in federal district court. He asserted that the imposition of consecutive sentences by the Oregon state court absent statutory authority violated due process of law, the doctrine of separation of powers, and the guarantee against…