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RUDOLPH v. WAINWRIGHT

No. 70-258.

238 So.2d 455 (1970)

Henry Lee RUDOLPH, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Adult Corrections, State of Florida, Respondent.

District Court of Appeal of Florida, Second District.

August 7, 1970.

Attorney(s) appearing for the Case

Henry Lee Rudolph, in pro. per.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for respondent.

MANN, Judge.

The record at the time of Rudolph's guilty plea was inadequate to show voluntariness, so we reversed summary denial of his post-conviction petition. Rudolph v. State, Fla.App. 1970, 230 So.2d 14. The record of the evidentiary hearing held thereafter does not refute Rudolph's claim that he was not given notice of the denial of his petition in time to appeal. Respondent concedes in his response to this petition for habeas...

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