Jewell Jess Stone v. Harold J. Cardwell, Warden Arizona State Prison

Appellant Stone, an Arizona state prisoner, has taken this appeal from order of the District Court for the District of Arizona denying, without evidentiary hearing, appellant’s petition for writ of habeas corpus in which he challenges his imprisonment following conviction of state crime. The record is meager; the only transcript of state proceedings that is provided is that of the sentencing hearing. Beyond that appellant has attached to his petition a brief prepared by his counsel on his appeal from his conviction to the Arizona Supreme Court. Appellant’s petition is based upon his contention that the sentence imposed was not in accordance with the plea bargain on the basis of which he pleaded guilty.

Appellant was charged with lewd and lascivious acts in violation of A.R.S. § 13-652. (At the sentencing hearing, in response to inquiry from the court, the district attorney advised that there were “approximately four charges” pending against appellant.) This crime carries a penalty of one to five years.

A plea bargain was reached. There is considerable dispute as to just what it was. Appellant contends that he was given to understand that in sentencing him only the evidence…