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WESLEY v. STATE OF ALABAMA

No. 73-2713. Summary Calendar.

488 F.2d 30 (1974)

Robert WESLEY, Jr., #82257, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 11, 1974.

Attorney(s) appearing for the Case

Robert Wesley, pro se.

William J. Baxley, Atty. Gen., Donald G. Valeska, II, Asst. Atty. Gen., Montgomery, Ala. for respondent-appellee.

Before BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

Wesley, a prisoner of the State of Alabama, has appealed from the district court's denial of his petition for habeas corpus. We vacate the ruling below and remand the cause for an evidentiary hearing.

Wesley was seventeen years old when he pled guilty to three charges of burglary in the Circuit Court of Jefferson County, Alabama. On November 16, 1961, he was sentenced to serve two years consecutively on each charge. No direct appeal was taken from...

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