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MONTEZ v. EYMAN

No. Civ. 5889.

275 F.Supp. 554 (1967)

Rosalio B. MONTEZ, Petitioner, v. Frank A. EYMAN, Warden, Arizona State Prison, Respondent.

United States District Court D. Arizona.

November 16, 1967.

Attorney(s) appearing for the Case

Tom Karas, Federal Defender, Phoenix, Ariz., for plaintiff.

Darrell F. Smith, Atty. Gen., Phoenix, Ariz., for respondent.

OPINION UPON MOTION FOR RECONSIDERATION OF PETITIONER'S APPLICATION FOR WRIT OF HABEAS CORPUS

CRAIG, District Judge.

Petitioner is in state custody, serving a prison sentence imposed August 31, 1959, by the Superior Court of the State of Arizona, upon conviction by a jury on four counts of robbery and one count of attempted robbery. No appeal from the judgment of conviction was taken.

On February 24, 1966, petitioner was permitted to file in forma...

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