435 F2d 553 Jones v. C J Fitzharris

435 F.2d 553

Robert A. JONES, Petitioner-Appellant,
C. J. FITZHARRIS, Superintendent, Correctional Training Facility of the California Department of Corrections, Respondent-Appellee.

No. 25690.

United States Court of Appeals, Ninth Circuit.

January 4, 1971.

Appeal from the United States District Court for the Northern District of California; Stanley A. Weigel, Judge.

Robert A. Jones, in pro. per.

Thomas C. Lynch, Cal. Atty. Gen., Edward P. O'Brien, John T. Murphy, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.


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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.