Hainta v. State

MEMORANDUM OPINION

BRETT, Judge:

Petitioners Harry Hainta and Buddy A. Tsotaddle, hereinafter referred to as defendants were convicted in the District Court, Kiowa County, Case No. CRF — 74-39 of Second Degree Rape. No appeal of right was perfected to this Court within the time provided by law. An appeal from said order Denying Post Conviction Relief has been timely filed with this Court.

The defendants contend that the juvenile certification hearing had by them on August 8, 1974, was fatally defective, and that therefore the District Court was without jurisdiction to try them as adults. These…