Mitchell Sobota v. Harold A. Cox, Warden, New Mexico State Penitentiary

Appellant, who is serving a sentence in the New Mexico State Penitentiary of not more than twenty-five years, appeals from a dismissal of his petition for a writ of habeas corpus.

Sobota attacks his judgment of conviction and sentence in the state court because (1) he was denied counsel before the magistrate prior to acknowledging his guilt of the offense charged and waiving a preliminary hearing, and (2) he did not voluntarily and understanding^ enter his plea of guilty in the state district court.

At the hearing below appellant testified that upon his appearance before the Justice of the…