Pina v. State
Cited by
- Keller v. Superior Court in & for Cty. of Maricopa 524 P.2d 956 Ariz. Ct. App. 1974
- State v. Jackson 494 P.2d 376 Ariz. Ct. App. 1972
- Gantt v. Eyman 475 P.2d 476 Ariz. 1970
- State v. Arce 431 P.2d 681 Ariz. Ct. App. 1967
- State v. Lindsay 428 P.2d 691 Ariz. Ct. App. 1967
- Rodgers v. State Ex Rel. Eyman 427 P.2d 563 Ariz. Ct. App. 1967
- McGilbry v. State ex rel. Eyman 425 P.2d 575 Ariz. Ct. App. 1967
- In MATTER OF McGILBRY 425 P.2d 575 Ariz. Ct. App. 1967
- Johnson v. State Ex Rel. Eyman 420 P.2d 298 Ariz. Ct. App. 1966
- Leonard v. State 415 P.2d 570 Ariz. 1966
Authorities cited
Identified automatically; this list may not be exhaustive.
- Brooks v. State 78 P.2d 498
- In Re Johnson v. State 87 P.2d 107
- Lee v. State 408 P.2d 408
- Haney v. Eyman 399 P.2d 905
- Lee v. State 408 P.2d 408
Opinion text
PER CURIAM. On January 18, 1966, Edward B. Pina filed an application for writ of habeas corpus in this Court. His petition disclosed that on February 9, 1960, petitioner being present in open court in the Superior Court of Maricopa County, together with his counsel, pleaded guilty to the crime of illegal possession of narcotics, a felony; and, it appearing to the court that the ends of justice would be best served if sentence was not then imposed, petitioner was placed on probation and sentence was suspended for a term of five years. Thereafter, on the 29th day of November, 1960, probation having theretofore been revoked, petitioner being present in open court but not in the presence of his counsel was sentenced to the State Prison at Florence, Arizona, for a term of not less than fifteen years nor more than twenty years. The sentence on November 29, 1960, having been pronounced in the absence of petitioner’s counsel, was invalid. Lee v. State, 99 Ariz. 269 , 408 P.2d 408 . The time within which petitioner can be resentenced expired on February 9, 1965. Haney v. Eyman, 97 Ariz. 289 , 399 P.2d 905 ; In re Johnson, 53 Ariz. 161 , 87 P.2d 107 ; Brooks v. State, 51 Ariz. 544 , 78 P.2d 498 , 117 A.L.R. 925 . The sentence and commitment of the Superior Court of Maricopa County is vacated and set aside and petitioner is ordered discharged from the State Prison at Florence, Arizona.