U.S. Court of Appeals for the Ninth Circuit, 1971

Robert A. Jones v. C. J. Fitzharris, Superintendent, Correctional Training Facility of the California Department of Corrections

Robert A. Jones v. C. J. Fitzharris, Superintendent, Correctional Training Facility of the California Department of Corrections
U.S. Court of Appeals for the Ninth Circuit · Decided January 4, 1971 · Chambers, Hamley, Merrill, Per Curiam
435 F.2d 553 (Federal Reporter, Second Series)

Robert A. Jones v. C. J. Fitzharris, Superintendent, Correctional Training Facility of the California Department of Corrections

Opinion

PER CURIAM:

The district court order denying habeas corpus relief is affirmed.

Appellant claims his guilty plea was made in the mistaken belief that he was pleading guilty to a misdemeanor, not a felony. The first trouble with this is that the record before us shows the contention simply isn’t so.

Secondly, on Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, points, this court ruled in Moss v. Craven, 9 Cir., 427 F.2d 139 that Boykin is not retroactive.

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