FINCH v. STATE OF TEXAS

No. 24420.

387 F.2d 366 (1967)

Jimmy Delano FINCH, Appellant, v. STATE OF TEXAS and Sheriff of Harris County, Appellees.

United States Court of Appeals Fifth Circuit.

December 21, 1967.


Attorney(s) appearing for the Case

Jimmy Delano Finch, pro se.

Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., R. L. Lattimore, Howard M. Fender, Robert E. Owen, Asst. Attys. Gen., Austin, Tex., for appellees.

Before MARIS, THORNBERRY and AINSWORTH, Circuit Judges.


PER CURIAM:

Appellant, Jimmy Delano Finch, was convicted by a jury of burglary on May 13, 1965. Though he had previously advised his retained counsel that he would plead guilty, he elected just before trial to plead not guilty and to discharge counsel. The trial judge promptly appointed the same attorney. In this habeas corpus proceeding, appellant attacks his conviction on the ground that he had ineffective assistance of counsel.

Appellant admitted during...

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