Charles M. Owens v. C. J. Fitzharris, Superintendent, Soledad State Prison

Ninth Circuit

Charles M. Owens v. C. J. Fitzharris, Superintendent, Soledad State Prison

429 F.2d 582, 1970 U.S. App. LEXIS 8450

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 29, 1970

Docket23954

StatusPublished

This text of 429 F.2d 582 (Charles M. Owens v. C. J. Fitzharris, Superintendent, Soledad State Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charles M. Owens v. C. J. Fitzharris, Superintendent, Soledad State Prison, 429 F.2d 582, 1970 U.S. App. LEXIS 8450 (9th Cir. 1970).

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Opinion

PER CURIAM.

The district court did not err in dismissing without an evidentiary hearing Owens’ petition for a writ of habeas corpus. The transcript of Owens’ arraignment in the California Superior Court, attached as an exhibit to appellees’ return to the order to show cause, clearly shows that, before pleading guilty to a charge of armed robbery, Owens knowingly and understanding^ waived his right to appointed counsel. Dennis v. People, 414 F.2d 424 (9th Cir. 1969).

Owens’ remaining point was not urged in or passed upon by the district court. Thus it is not properly an issue on appeal and will not be considered. Flemings v. Wilson, 365 F.2d 267 (9th Cir. 1966).

Judgment affirmed.

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PER CURIAM.

The district court did not err in dismissing without an evidentiary hearing Owens’ petition for a writ of habeas corpus. The transcript of Owens’ arraignment in the California Superior Court, attached as an exhibit to appellees’ return to the order to show cause, clearly shows that, before pleading guilty to a charge of armed robbery, Owens knowingly and understanding^ waived his right to appointed counsel. Dennis v. People, 414 F.2d 424 (9th Cir. 1969).

Owens’ remaining point was not urged in or passed upon by the district court. Thus it is not properly an issue on appeal and will not be considered. Flemings v. Wilson, 365 F.2d 267 (9th Cir. 1966).

Judgment affirmed.

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429 F.2d 582, 1970 U.S. App. LEXIS 8450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-m-owens-v-c-j-fitzharris-superintendent-soledad-state-prison-ca9-1970.

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