Opinion
No. 39209
Decided May 5, 1965.
Habeas corpus — Criminal law — Plea of guilty without being advised of right to counsel — Petitioner entitled to release, when.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. On February 11, 1957, the Grand Jury of Franklin County returned an indictment charging petitioner, Dale O. Ross, with ten counts of forgery and uttering a forged instrument. He was arraigned in March, pleaded guilty and was sentenced to the Ohio Penitentiary.
Mr. Dale O. Ross, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
Petitioner bases his right to release on an alleged deprivation of his constitutional right to the assistance of counsel. Petitioner states that he was not offered counsel, was not told of his right to counsel and did not waive counsel.
The trial judge appeared as a witness at the hearing, and his testimony fully corroborates petitioner's contention.
The petitioner testified that he was not aware of his right to have counsel appointed.
Thus, under the doctrine of Carnley v. Cochran, Dir., 369 U.S. 506, and Gideon v. Wainwright, Dir., 372 U.S. 335, petitioner is entitled to release.
Petitioner released from custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.