Orville E. Mathis v. Carl Hocker, Warden

This is an appeal from an order of the District Court for the District of Nevada denying appellant’s petition for a writ of habeas corpus.

Appellant pleaded guilty to a charge of robbery and was sentenced to a term of not less than five years nor more than ten years.

Appellant now claims that he was not advised of the consequences of his plea at the time he entered his plea before the state court. Specifically, he asserts that after several months of confinement, he was advised that under Nevada law (NRS 213.110) he was not eligible for parole because of three prior convictions. He now claims that the sentencing judge should have advised him that he would not be subject to parole.

On May 5, 1967, appellant entered a guilty plea with his counsel present. He waived further time before sentence and was thereupon sentenced.

Nothing in the record in this case discloses that the sentencing judge had any information of any kind which would lead him to believe that appellant had a prior record. Neither appellant nor his attorney made known the fact that appellant had three prior felony convictions. One would surmise from experience that appellant and his counsel were obviously…