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.