OPINION
PETTINE, Chief Judge.
Petitioner is presently incarcerated by the State of Rhode Island in the Adult Correctional Institutions and seeks a writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 requesting that the sentence imposed upon him by the Superior Court of Rhode Island on February 26, 1970 at the conclusion of a deferred sentence violation hearing be vacated. Essentially, petitioner raises two legal issues.
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