Lloyd Romero v. H. A. Cox, Warden of the New Mexico State Penitentiary

Tenth Circuit

Lloyd Romero v. H. A. Cox, Warden of the New Mexico State Penitentiary

344 F.2d 948, 1965 U.S. App. LEXIS 5806

CourtCourt of Appeals for the Tenth Circuit

DecidedApril 23, 1965

Docket8005

StatusPublished

Cited by1 cases

This text of 344 F.2d 948 (Lloyd Romero v. H. A. Cox, Warden of the New Mexico State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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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Lloyd Romero v. H. A. Cox, Warden of the New Mexico State Penitentiary, 344 F.2d 948, 1965 U.S. App. LEXIS 5806 (10th Cir. 1965).

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Opinion

PER CURIAM.

Romero is serving a sentence in the New Mexico State Penitentiary. He brought this habeas corpus proceeding in the United States District Court for the District of New Mexico, alleging that his state sentence is void because he was not represented by counsel at a preliminary hearing before a New Mexico magistrate. He was represented by counsel thereafter. He pleaded not guilty in the state district court and was convicted by a jury. The question raised has been settled in cases presenting the identical question. Gallegos v. Cox, 10 Cir., 341 F.2d 107; Downing v. New Mexico Supreme Court, 10 Cir., 339 F.2d 435; Lark and Stewart v. Cox, 10 Cir., 344 F.2d 947. Romero’s contention that he was denied a constitutional right at the preliminary hearing because he was required to plead to the charge without an attorney is without merit. No facts are alleged which show any prejudice because of this plea. Gallegos v. Cox, supra. Pointer v. State of Texas, 85 S.Ct. 1065, is not to the contrary.

Affirmed.

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PER CURIAM.

Romero is serving a sentence in the New Mexico State Penitentiary. He brought this habeas corpus proceeding in the United States District Court for the District of New Mexico, alleging that his state sentence is void because he was not represented by counsel at a preliminary hearing before a New Mexico magistrate. He was represented by counsel thereafter. He pleaded not guilty in the state district court and was convicted by a jury. The question raised has been settled in cases presenting the identical question. Gallegos v. Cox, 10 Cir., 341 F.2d 107; Downing v. New Mexico Supreme Court, 10 Cir., 339 F.2d 435; Lark and Stewart v. Cox, 10 Cir., 344 F.2d 947. Romero’s contention that he was denied a constitutional right at the preliminary hearing because he was required to plead to the charge without an attorney is without merit. No facts are alleged which show any prejudice because of this plea. Gallegos v. Cox, supra. Pointer v. State of Texas, 85 S.Ct. 1065, is not to the contrary.

Affirmed.

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344 F.2d 948, 1965 U.S. App. LEXIS 5806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-romero-v-h-a-cox-warden-of-the-new-mexico-state-penitentiary-ca10-1965.

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