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ARBUCKLE v. TURNER

No. 33-70.

440 F.2d 586 (1971)

Harold Wayne ARBUCKLE, Appellant, v. John W. TURNER, Warden, Utah State Prison, Appellee.

United States Court of Appeals, Tenth Circuit.

April 8, 1971.

Attorney(s) appearing for the Case

Raymond G. Carey, Jr., Denver, Colo., for appellant.

Lauren N. Beasley, Chief Asst. Atty. Gen., Salt Lake City, Utah (Vernon B. Romney, Atty. Gen., was on the brief), for appellee.

Before JONES, BREITENSTEIN and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Appeal is taken from denial of Federal habeas corpus relief sought under 28 U.S.C. § 2254 from a Utah forgery conviction on a guilty plea. State remedies were unsuccessfully exhausted before commencement of this suit. In essence appellant urges that the plea was invalid for three reasons: (1) that there was lack of an affirmative record showing that the plea was intelligent and voluntary, so that it is void under Boykin v. Alabama,

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