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SALESKY v. STATE OF FLORIDA

No. 73-1277 Summary Calendar.

484 F.2d 68 (1973)

Dennis D. SALESKY, Petitioner-Appellant, v. STATE OF FLORIDA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 1973.

Attorney(s) appearing for the Case

William T. Lassiter, Jr., Jacksonville, Fla. (Court-appointed), for petitioner-appellant.

Robert L. Shevin, Atty. Gen., H. Tucker Cotten, Raymond L. Markey, Asst. Attys. Gen., Tallahassee, Fla., for respondent-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

In this 28 U.S.C.A. § 2254 action, petitioner alleges that he did not "knowingly and intelligently" waive counsel. Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). The District Court, relying on the record before it, held that the waiver was effective. Finding an unresolved conflict regarding petitioner's pre-trial hearing remarks, we vacate and remand for an evidentiary hearing.

Petitioner...

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