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MARTINEZ v. PATTERSON

No. 9471.

382 F.2d 1002 (1967)

Benny P. MARTINEZ, Appellant, v. Wayne K. PATTERSON, Warden of the Colorado State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

October 4, 1967.

Attorney(s) appearing for the Case

Stephen M. Blaes, Wichita, Kan., for appellant.

James F. Pamp, Asst. Atty. Gen., Denver, Colo. (Frank E. Hickey, Deputy Atty. Gen., and Duke W. Dunbar, Atty. Gen., Denver, Colo., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

The appeal is from an order denying habeas corpus to a state prisoner because he had failed to exhaust his available state court remedies.

Appellant was sentenced in a state court, after a plea of guilty, to not less than 15 nor more than 30 years for the crime of forcible rape. He thereafter filed a petition for a writ of habeas corpus in the sentencing court, which petition was considered by such court under Rule 35(b), Colo.R.Crim.P., and after...

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