Enrique Hernandez v. Merle R. Schneckloth

Petitioner-appellant is serving a state sentence, imposed in May, 1965, for violation of California Penal Code, § 459 (burglary). He appeals from an order dismissing his petition for a writ of habeas corpus.

Appellant complains first that his petition was denied without an evidentiary hearing. The trial court, however, had the complete state court record (consisting of the reporter’s transcript of three volumes and the clerk’s transcript of all proceedings in the Los Angeles County Superior Court leading to appellant’s conviction) and was in a position to resolve all of petitioner’s contentions from its examination of that record. No evidentiary hearing was required. Dismissal of a habeas corpus petition without a hearing is warranted when the records and files show conclu sively that the petitioner is entitled to no relief. White v. Wilson, 9 Cir. 1968, 399 F.2d 596, 599 ; Dunn v. California Department of Corrections, 9 Cir. 1968, 401 F.2d 340, 342 .

Appellant attacks his conviction on the ground that he was denied due process in that (1) he was incarcerated eight days before arraignment; (2) he was not advised by the arresting officer of his right to counsel; (3) he was…