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KEARNS v. FIELD

No. 71-1180.

453 F.2d 349 (1971)

Howard J. KEARNS, Petitioner-Appellee, v. Harold V. FIELD, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 2, 1972.

Attorney(s) appearing for the Case

Evelle J. Younger, Cal. Atty. Gen., William E. James, Asst Atty. Gen., Jack K. Weber, Deputy Atty. Gen., Los Angeles, Cal., for appellant.

Howard J. Kearns, in pro. per.

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

CROCKER, District Judge:

Kearns, petitioner, pled guilty to a charge of forgery. After being sentenced to prison, he filed a petition for a writ of habeas corpus on the grounds that his guilty plea was made upon the promise of the district attorney to recommend probation and such recommendation was, in fact, never made.

The district court denied the petition which was appealed. The court of appeals reversed and remanded the case.1

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