[1] MEMORANDUM OPINION
[2] This is an original proceeding wherein James Franklin Smith, an inmate of the State Penitentiary, seeks his release from confinement where he is currently incarcerated by virtue of a judgment and sentence rendered against him in the District Court of Oklahoma County.
[3] We observe at the outset that petitioner entered a plea of guilty, did not request a trial, and was represented by the Public Defender, Mr. William Monger, at his sentencing.
[4] The sole ground upon which the petitioner seeks his release is that he was not represented by counsel at his initial appearance before a magistrate and at preliminary examination. The situation here presented is precisely the same as that presented in Winchester v. State, Okla. Cr. 403 P.2d 257, wherein this Court stated:
"* * * that when the petitioner and his attorney entered a plea to the charge in the District Court, and did not subsequently withdraw said plea or request a preliminary hearing, such conduct amounted to a waiver."
[5] In accordance with Winchester v. State, supra, we are of the opinion that the writ prayed for should be, and the same is hereby denied.
[6] NIX and BRETT, JJ., concur.