MAXWELL v. STATE

No. 2037.

106 Ariz. 527 (1971)

479 P.2d 412

Herbert C. MAXWELL, Petitioner, v. STATE of Arizona, Respondent.

Supreme Court of Arizona, In Banc.

January 21, 1971.


Attorney(s) appearing for the Case

Roger C. Mitten, Phoenix, for petitioner.

Gary K. Nelson, Atty. Gen., Phoenix, John F. Taylor, Navajo County Atty., Holbrook, for respondent.


LOCKWOOD, Justice:

On June 12, 1969 this Court received a petition for a writ of coram nobis by defendant in propria persona while in prison. His basic complaint was that he was promised that the minimum sentence would not exceed five years and that if a mitigation hearing revealed that there was no violence, the sentence would not exceed five years. To put it in the words used later by the defendant: "The reason I want to change [the plea] is because they wouldn...

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