SIMMONS v. CRAVEN

No. 25746.

435 F.2d 554 (1971)

Barry Don SIMMONS, Petitioner and Appellant, v. Walter E. CRAVEN, Warden, Folsom State Prison, Respondent and Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 2, 1971.


Attorney(s) appearing for the Case

Barry Don Simmons, in pro. per.

Thomas C. Lynch, Cal. Atty. Gen., Derald E. Granberg, Eric Collins, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.


PER CURIAM:

The decision of the district court denying habeas corpus relief is affirmed.

Here a pre-Boykin (Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274) guilty plea is attacked.

There is no allegation that he did not understand the consequences of his plea. And, he had competent trial counsel.

The contention that his plea was coerced because there was a threat to use his wife as a witness is...

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