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IN THE COURT OF APPEALS 04/23/96 OF THE STATE OF MISSISSIPPI
NO. 94-CA-00415 COA

DAVID CHARLES RICHARDSON A/K/A D.C. RICHARDSON A/K/A DONNIS DOZIER APPELLANT v. CHRISTINE HOUSTON, EDDIE LUCAS AND EDWARD HARGETT APPELLEES

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. HOWARD Q. DAVIS COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: DAVID C. RICHARDSON-PRO SE ATTORNEY FOR APPELLEES: CHARLES W. MARIS SPECIAL ASSISTANT ATTORNEY GENERAL NATURE OF THE CASE: HABEAS RELIEF-PETITION TO SHOW CAUSE TRIAL COURT DISPOSITION: TRIAL COURT AFFIRMED MAGISTRATE'S DISMISSAL OF APPELLANT'S SHOW CAUSE PETITION

BEFORE FRAISER, C.J., COLEMAN, AND SOUTHWICK, JJ.

COLEMAN, J., FOR THE COURT: David Charles Richardson, a prisoner incarcerated in the state penitentiary at Parchman, filed a Petition for an Order to Show Cause against Appellees in the Circuit Court of Sunflower County to obtain credit for time which he served in the California Department of Corrections (CDOC) against his sentence of eight years in the custody of the Mississippi Department of Corrections (MDOC) which the Circuit Court of Jackson County imposed on him pursuant to a conviction of armed robbery. The basis of his claim to this credit was the California court's ordering that a sentence for prisoner assault was "to run concurrent with [the Mississippi sentence]." After a hearing on the merits of Richardson's petition, the magistrate for the Sunflower County Circuit Court recommended that his petition be dismissed, and the judge of the Sunflower County Circuit Court entered an OrderAdopting Findings and Recommendations of Magistrate in which he dismissed with prejudice Richardson's petition. Richardson has appealed from that order; and for the reasons which follow in this opinion we affirm that order. I. Facts On July 7, 1986, the Appellant, David Charles Richardson (Richardson), was convicted in the Superior Court of California, County of Los Angeles, of the crimes of forgery and robbery. That court sentenced Richardson to serve eight months on the forgery conviction, and three years on the robbery conviction. In addition, it enhanced these sentences by adding two years to these two sentences for a total sentence of five years, eight months. Pursuant to an Executive Agreement executed by William C. Allain, then Governor of Mississippi, on September 3, 1986, and accepted by then Governor of California, George Deukmejian, on September 15, 1986, pursuant to 4 U.S.C.

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