Opinion
No. 39082
Decided November 25, 1964.
Habeas corpus — Plea of guilty — Not represented by counsel — Right to counsel not explained or waived — Counsel not offered.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. On January 15, 1959, the Grand Jury of Trumbull County returned an indictment charging petitioner, George W. Johnson, with the crime of armed robbery. At his arraignment, petitioner entered a plea of not guilty. Subsequently, petitioner withdrew his plea of not guilty and entered a plea of guilty of the offense. He was sentenced to the Ohio Reformatory, being then only 19 years of age. It was later determined that petitioner had served a previous term in the penitentiary in Virginia, and he was transferred to the Ohio Penitentiary.
Mr. George W. Johnson, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
Petitioner bases his right to release on the ground that he was denied counsel. The Attorney General introduced into evidence a transcript of the proceedings at petitioner's arraignment and at the time he entered his plea of guilty. An examination of this transcript shows that petitioner was not represented by counsel, did not have his right to counsel explained to him and was not offered counsel at any time during those proceedings. There is no written waiver of counsel in the record. A letter from the trial judge was introduced into evidence by the Attorney General, which substantiates the fact that petitioner was not represented by counsel during those proceedings.
It appearing that inasmuch as petitioner was not represented by counsel, did not have his right to counsel explained to him and did not waive counsel, he is entitled to his release under the principles enunciated in Carnley v. Cochran, Dir., 369 U.S. 506, and Gideon v. Wainwright, Dir., 372 U.S. 335.
Petitioner released from custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.