Fava v. Montana

Ninth Circuit

Fava v. Montana

430 F.2d 1308

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 5, 1970

DocketNo. 23206

StatusPublished

This text of 430 F.2d 1308 (Fava v. Montana) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fava v. Montana, 430 F.2d 1308 (9th Cir. 1970).

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Opinion

PER CURIAM:

Appellant appeals from a judgment of the district court denying in part and conditionally granting in part his petition for habeas corpus.

Appellant, on September 29, 1965, then represented by retained counsel, entered a plea of guilty to the crime of assault with a deadly weapon in the district court of the state of Montana for the Second Judicial District. The state court deferred imposition of sentence for 24 months and released appellant on his good behavior. On July 14, 1966, on the state’s petition, he was again brought before the court to impose sentence and was then sentenced to 15 years in prison. He was not represented by counsel at that time.

The record amply supports the finding of the lower court that appellant’s plea of guilty was not induced by a promise of leniency. Moreover, the record clearly demonstrates that appellant has not exhausted his available state court remedies on the other contested issues.

The judgment of the lower court is affirmed in its entirety.

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PER CURIAM:

Appellant appeals from a judgment of the district court denying in part and conditionally granting in part his petition for habeas corpus.

Appellant, on September 29, 1965, then represented by retained counsel, entered a plea of guilty to the crime of assault with a deadly weapon in the district court of the state of Montana for the Second Judicial District. The state court deferred imposition of sentence for 24 months and released appellant on his good behavior. On July 14, 1966, on the state’s petition, he was again brought before the court to impose sentence and was then sentenced to 15 years in prison. He was not represented by counsel at that time.

The record amply supports the finding of the lower court that appellant’s plea of guilty was not induced by a promise of leniency. Moreover, the record clearly demonstrates that appellant has not exhausted his available state court remedies on the other contested issues.

The judgment of the lower court is affirmed in its entirety.

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Bluebook (online)

430 F.2d 1308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fava-v-montana-ca9-1970.