Rosalio B. Montez v. Frank A. Eyman, Warden, Arizona State Prison
Opinion
Opinion
Jertberg, J.
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 sentences to run concurrently. No appeal from the judgment of conviction was taken.
On February 24, 1966, appellant was permitted to file in forma pawperis an application for a writ of habeas corpus in the United States District Court for the District of Arizona. It is stated in the petition that three petitions for writ of habeas corpus were filed in the Supreme Court of the State of Arizona; that the first petition was lost or destroyed on January 25, 1961; and the last two were denied on November 21, 1961 and February 24, 1965, respectively. He further states the only ground for a writ presented to the Supreme Court was “Violation of the Double Jeopardy clause in the 5th Amend, to the United States Constitution.”