GARDNER v. WAINWRIGHT

No. 28867 Summary Calendar.

433 F.2d 137 (1970)

Johnny M. GARDNER, Petitioner Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 21, 1970.


Attorney(s) appearing for the Case

Johnny M. Gardner, pro se.

Earl Faircloth, Atty. Gen. State of Fla., Tallahassee, Fla., Morton J. Hanlon, Asst. Atty. Gen., Lakeland, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, and MORGAN and INGRAHAM, Circuit Judges.


PER CURIAM:

Petitioner, a Florida convict, appeals from an order of the district court denying without a hearing his petition for habeas corpus relief. We affirm.

Appellant, represented by court-appointed counsel, was convicted of robbery upon his plea of guilty.

Appellant's petition to vacate judgment and sentence in the convicting court pursuant to the Florida postconviction proceeding under Criminal Procedure Rule 1.850, 33 F.S.A. (Rule 1), was...

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