GILMORE v. PEOPLE OF STATE OF CALIFORNIA

No. 22478.

419 F.2d 379 (1969)

Robert O. GILMORE, Jr., Appellant, v. PEOPLE OF the STATE OF CALIFORNIA et al., Appellees.

United States Court of Appeals Ninth Circuit.

December 8, 1969.


Attorney(s) appearing for the Case

Robert O. Gilmore, Jr., in pro. per.

Michael Buzzell, Robert R. Granucci, Deputy Attys. Gen., Thomas C. Lynch, Atty. Gen., State of California, San Francisco, Cal., for appellees.

Before MERRILL and DUNIWAY, Circuit Judges, and POWELL, District Judge.


DUNIWAY, Circuit Judge:

This is the second appeal in this habeas corpus proceeding. Gilmore v. People, 9 Cir., 1966, 364 F.2d 916. We do not repeat the facts there stated. Our remand was for a hearing, "limited to those allegations that relate to the voluntary character of Gilmore's plea" of guilty.

On remand, the judge appointed counsel and held an evidentiary hearing. Gilmore testified in support of his allegations, and...

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