SMITH v. EYMAN

No. H-284.

104 Ariz. 296 (1969)

451 P.2d 877

Le Roy SMITH, Petitioner, v. Frank A. EYMAN, Warden, Arizona State Prison, et al., Respondents.

Supreme Court of Arizona. In Banc.

March 19, 1969.


Attorney(s) appearing for the Case

Le Roy Smith, in pro. per.

Gary K. Nelson, Atty. Gen., Norval C. Jesperson, Asst. Atty. Gen., Phoenix, for respondents.


LOCKWOOD, Vice Chief Justice.

Le Roy Smith, hereinafter referred to as petitioner, was convicted in 1964 of the crime of petty theft, in violation of A.R.S. §§ 13-661 and 13-663. The record of that conviction indicates that petitioner was not represented by counsel but fails to indicate whether petitioner was informed of his right to counsel or whether he effectively waived his right to counsel.

Subsequent to the conviction for petty theft, petitioner...

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