Legal Opinion

Frank G. Francia v. Felix Rodriguez, Acting Warden, New Mexico State Penitentiary

Court of Appeals for the Tenth Circuit

Decided January 19, 1967No. 9074_1PublishedCited by 5 opinions

1Per curiam

In 1952, appellant Francia was committed to the state penitentiary at Santa Fe, New Mexico, to serve a sentence of not less than 90 years or more than 99 years for the crime of second degree murder. Sentence was pronounced orally by the then presiding Judge of the District Court of Torrance County, New Mexico, but the records of that court do not contain a judgment and sentence signed by him. In a habeas corpus proceeding brought by Francia in the Supreme Court of the State of New Mexico, the court received in evidence an unsigned minute entry from the records of the Torrance County District…

2Cases cited2 opinions

  1. Eugene Silva v. Harold A. Cox, Warden of the New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1965
  2. John R. Linton v. Harold A. Cox, Warden, New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1966

3Cited by5 opinions

  1. Pierce v. State of Okl.District Court, W.D. Oklahoma · 1977
  2. Hughes v. OklahomaDistrict Court, W.D. Oklahoma · 1976
  3. McInnes v. AndersonDistrict Court, E.D. Oklahoma · 1973
  4. Rex Dewayne Nelson v. Warden of the Kansas State PenitentiaryCourt of Appeals for the Tenth Circuit · 1971
  5. Wood v. WilsonDistrict Court, W.D. Oklahoma · 1974

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