Opinion
No. 39284
Decided March 31, 1965.
Habeas corpus — Waiver of counsel and indictment — Plea of guilty — Petitioner claims that right to counsel not explained to him — court's records refute claim — Petitioner not entitled to release.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. On November 21, 1963, petitioner, John Simpson, having signed a written waiver of counsel and a written waiver of indictment entered a plea of guilty to an information charging him with nonsupport of his minor children. He was sentenced to the Ohio Penitentiary.
Mr. John Simpson, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
In this action, petitioner contends that he did not know that the state would appoint counsel to act on his behalf, and that his right to counsel was not explained to him by the court until after he had signed the above-named waivers. The court's records refute this contention of petitioner. In a journal entry specifically drawn in relation to petitioner's case it is stated:
"On the 21st day of November, 1963, the defendant appeared in open court charged in an information by the prosecuting attorney with nonsupport of three minor children in violation of Revised Code Section 3113.01. After the court fully explained the defendant's rightd to him, the defendant signed a waiver of counsel and a waiver of indictment by grand jury and for a plea to the information said that he is guilty, which said plea is accepted by the prosecuting attorney on behalf of the state of Ohio."
The record is not silent in this case but specifically states that, prior to his signing of the waivers, petitioner's rights were explained to him. In the face of the record, it can be determined only that petitioner knowingly waived such rights after having had them explained to him.
Petitioner remanded to custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN. JJ., concur.