State ex rel. Clifton v. Henderson

TATE, J., is of the opinion that North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969), requires that the petitioner be allowed credit for his period of incarceration prior to the re-sentencing; therefore, hearing on the writ should be granted.