Gilbert Watson v. Frank A. Eyman, Warden, Arizona State Penitentiary

Appellee Watson was charged by the State of Arizona with the crime of illegal possession of narcotic drugs. He was represented by counsel at arraignment and with advice of counsel entered a plea of guilty. At a later proceeding in absence of counsel he was sentenced to a term of twelve to twenty-five years, which sentence he is now serving in the custody of appellant.

In these proceedings in habeas corpus appellee attacks the sentence imposed upon the ground that he had not waived counsel at the time of sentencing. The District Court entertained hearing on the claim, found in favor of appellee and directed that he be resentenced or released.

This appeal was taken by Arizona on behalf of appellant warden.

There was no transcript of the proceedings at the time of sentencing. A minute entry of the proceedings reads:

Before the District Court appellee testified that his counsel did not appear with him at the sentencing proceeding; that he was asked if he wanted to proceed without counsel, to which he answered no; that an effort was made to locate his counsel and that, pursuant to such effort, everyone “sat there about 15, 20 minutes before the clerk recalled [petitioner’s…