442 F2d 1043 Bryant v. E Craven

442 F.2d 1043

Glenn R. BRYANT, Petitioner-Appellee,
v.
Walter E. CRAVEN, Warden, Folsom State Prison, Respondent-Appellant.

No. 26469.

United States Court of Appeals, Ninth Circuit.

May 11, 1971.

Evelle J. Younger, Atty. Gen., John T. Murphy, William D. Stein, Deputy Attys. Gen., San Francisco, Cal., for respondent-appellant.

Thomas S. Brigham, San Francisco, Cal., for petitioner-appellee.

Before HAMLEY, DUNIWAY and HUFSTEDLER, Circuit Judges.

PER CURIAM:

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1

Appellant appeals from an order granting appellee's petition for a writ of habeas corpus, contending that the district court erred in allocating the burden of proof on the question of appellee's comprehension of the consequences of his guilty plea.

2

We do not reach the appellee's contention, because we conclude that affirmance of the order is required by Schram v. Cupp (9th Cir. 1970) 436 F.2d 692, holding that a guilty plea entered without counsel and without a valid waiver of counsel cannot be sustained. The record in this case cannot be distinguished from that in Schram on the waiver issue.

3

The order is affirmed.