McCRARY v. WAINWRIGHT

No. 71-1665. Summary Calendar.

451 F.2d 360 (1971)

Willie Ben McCRARY, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 9, 1971.


Attorney(s) appearing for the Case

Willie B. McCrary, pro se.

Robert Shevin, Atty. Gen., Tallahassee, Fla., Charles Corces, Jr., Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


PER CURIAM:

This is an appeal from an order of the District Court denying the petition of a Florida state prisoner for the writ of habeas corpus. We affirm.

McCrary is serving a 25 year sentence for armed robbery, having been convicted upon trial by jury. No direct appeal was taken. A motion to vacate sentence filed in the state trial court pursuant to Fla.R.Crim.P. 1.850, 33 F.S.A., was denied after an evidentiary hearing and affirmed on appeal. McCrary v...

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