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GIBONEY v. JOHNSON

No. H-74-251.

523 P.2d 1151 (1974)

Andrew GIBONEY, Petitioner, v. Sam JOHNSON, Warden, Oklahoma State Penitentiary, Respondent.

Court of Criminal Appeals of Oklahoma.

June 18, 1974.

Attorney(s) appearing for the Case

Greg Shanahan, Atoka, for petitioner.

Larry Derryberry, Atty. Gen., James L. Swartz, Asst. Atty. Gen., for respondent.

OPINION

BRETT, Judge:

Andrew Giboney filed in this Court a petition for Writ of Habeas Corpus alleging that his present incarceration in the state penitentiary at McAlester, Oklahoma, is unlawful because the hearing at which his suspended sentence was revoked was held without notice in his absence.

The facts are these: Petitioner, Andrew Giboney, pleaded guilty in April, 1968, to a charge of Burglary in...

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