FRIAS v. WILSON

No. 20849.

373 F.2d 61 (1967)

Frank Guytan FRIAS, Appellant, v. Lawrence E. WILSON, Warden, California State Prison, San Quentin, California, Appellee.

United States Court of Appeals Ninth Circuit.

February 3, 1967.


Attorney(s) appearing for the Case

Frank Guytan Frias, in pro. per.

Thomas C. Lynch, Atty. Gen., of Cal., Robert R. Granucci, Horace Wheatley, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before HAMLEY, HAMLIN and KOELSCH, Circuit Judges.


PER CURIAM.

In this habeas action, appellant, a prisoner of the State of California, argues that he is entitled to invoke the rule in Escobedo because the judgment of conviction rendered against him, although antedating that decision, did not become final until thereafter when it was affirmed by the California District Court of Appeal. Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966) provides...

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