RHYNES v. WAINWRIGHT

No. 73-1196 Summary Calendar.

480 F.2d 561 (1973)

Elvy RHYNES, aka Jack Rhynes, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 11, 1973.


Attorney(s) appearing for the Case

Elvy Rhynes, pro se.

Robert L. Shevin, Atty. Gen., Michael M. Corin, Asst. Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Before BELL, GODBOLD and INGRAHAM, Circuit Judges.


PER CURIAM:

The only issue left in this case is whether appellant was sentenced in Florida state court without presence of counsel. The federal District Court denied relief based on the finding of the Florida state court entered in a Rule 1.850, 33 F.S.A., proceeding that appellant was represented by counsel when sentenced. That order was entered by a judge other than the sentencing judge and without an evidentiary hearing. The minutes of the sentencing which are...

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