Trevino v. State

HATHAWAY, Judge.

This is an appeal from a denial of appellant’s petition for a writ of habeas corpus challenging his conviction of first degree murder.

We do not concern ourselves with the question of whether habeas corpus was the appropriate vehicle for seeking the requested relief since the courts of this state look to substance rather than form. Witt v. State ex rel. Eyman, 18 Ariz.App. 120, 500 P.2d 905 (1972).

The facts alleged in the petition filed below are as follows. Appellant was charged with open murder on April 13, 1964. Relying upon the assurances of his two retained counsel that he…