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GARDNER v. GRIGGS

No. 76-1246.

541 F.2d 851 (1976)

Kyle David GARDNER, Plaintiff-Appellant, v. Bertram GRIGGS, Superintendent, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 9, 1976.

Attorney(s) appearing for the Case

Raul V. Aguilar, San Francisco, Cal., for plaintiff-appellant.

Evelle J. Younger, Atty. Gen., State of Cal., Los Angeles, Cal., for defendant-appellee.

Before LAY, WRIGHT and KILKENNY, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Gardner was arraigned on a state burglary charge and pleaded not guilty. The court denied the state's motion for a continuance at the preliminary hearing and ordered Gardner released. Instead, Gardner was arraigned on a second complaint filed against him that same day and again pleaded not guilty. On the date set for trial Gardner changed his plea to guilty pursuant to a plea bargain which, in addition to other terms...

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