Garcia v. State Ex Rel. Eyman

HATHAWAY, Chief Judge.

Raul M. Garcia filed a petition for a writ of habeas corpus in Pinal County Superior Court challenging his conviction of petty theft with a prior conviction and the sentence imposed thereon. 1 The grounds of challenge are:

1. Illegality of prior conviction of petty theft because of failure to appoint counsel.

2. The trial court did not find him guilty of the prior conviction before sentencing him for petty theft with a prior.

3. The latter petty theft conviction is void since the jury’s finding him guilty of same was inconsistent with its finding him not guilty of burglary…