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SIMMONS v. WAINWRIGHT

No. 71-1452 Summary Calendar.

450 F.2d 921 (1971)

Peter SIMMONS, J., Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 30, 1971.

Attorney(s) appearing for the Case

Peter Simmons, Jr., pro se.

Earl Faircloth, former Atty. Gen. of Fla., Tallahassee, Fla., Warren H. Petersen, Asst. Atty. Gen., Lakeland, Fla., Robert L. Shevin, Atty. Gen., Lakeland, Fla., for respondent-appellee.

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

PER CURIAM:

Peter Simmons, Jr., a Florida state prisoner, appeals from the district court's denial of his petition for writ of habeas corpus. We affirm.

On March 1, 1950, the Circuit Court of Polk County, Florida, sentenced Simmons to a prison term of 20 years on his plea of guilty of manslaughter. In 1967, Simmons succeeded in having this sentence vacated on the ground that he was not represented by counsel at the...

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