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MONTEZ v. EYMAN

No. 20963.

372 F.2d 100 (1967)

Rosalio B. MONTEZ, Appellant, v. Frank A. EYMAN, Warden, Arizona State Prison, Appellee.

United States Court of Appeals Ninth Circuit.

February 7, 1967.

Attorney(s) appearing for the Case

Tom Karas, Fed. Public Defender, Phoenix, Ariz., for appellant.

Darrell F. Smith, Atty. Gen. of Ariz., Gary K. Nelson, Asst. Atty. Gen., Phoenix, Ariz., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and JERTBERG and BROWNING, Circuit Judges.

JERTBERG, Circuit Judge.

Appellant is in state custody serving a prison sentence imposed on August 31, 1959, by the Superior Court of the State of Arizona in and for the County of Maricopa, following conviction by a jury of four charges of robbery and one charge of attempted robbery, at which trial he was represented by court appointed counsel.

Appellant was sentenced to serve twenty-five to thirty years in the Arizona State Penitentiary on each charge, the...

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