Lavender v. McLeod

POWELL, Judge.

Elmer Lavender, an inmate of the Oklahoma State Penitentiary, seeks release by way of writ of habeas corpus. He alleges that he is serving a sentence of three years assessed on a plea of guilty to a charge of possession of stolen property.

It is urged, first, that petitioner was not advised of his constitutional rights before entering his plea of guilty, was deprived of trial by jury, etc., and hence should be released; second, that the court had no jurisdiction to give him a suspended sentence as he had been convicted four previous times; third, that the county attorney had…