Rosthenhausler v. State ex rel. Eyman

HATHAWAY, Chief Judge.

The petitioner herein has instituted these habeas corpus proceedings to challenge the validity of the sentence he is presently-serving upon his conviction of a second, offense of joyriding, a felony under A.R.S.. § 13-672, subsec. B. The petitioner contends :

“ * * * that the felony sentence which he is now serving is null and void, by virtue of use of an invalid prior misdemeanor to statutorily enhance the crime of joyriding to a felony status under A.R.S. 13-672 (B).”

and:

“ * * * the prior misdemeanor is invalid for the reason that the conviction; was obtained in…