STATE v. JOHNSON

No. 69-551.

26 Ohio St. 2d 43 (1971)

THE STATE OF OHIO, APPELLEE, v. JOHNSON, APPELLANT.

Supreme Court of Ohio.

Decided April 7, 1971.


Attorney(s) appearing for the Case

Mr. C. Howard Johnson, prosecuting attorney, and Mr. David H. Bodiker, for appellee.

Miss Violet J. Tarcai, for appellant.


HERBERT, J.

Petitioner is seeking to vacate his 1956 conviction as an habitual criminal on the ground that one of the prior convictions upon which that conviction was based was void.

In 1944, petitioner pleaded guilty to burglary and larceny. This 1944 conviction was one of the four prior convictions set out in petitioner's 1956 indictment for being an habitual criminal. Relying upon Gideon v. Wainwright (1963), 372 U.S. 335

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