Robert Reliford, and v. Walter E. Craven, Warden

434 F.2d 1315, 1970 U.S. App. LEXIS 6048

Opinion

PER CURIAM:

The decision of the district court is affirmed.

Boykin v. Alabama (1969), 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, upon which appellant heavily relies, is distinguishable on its facts, and it is not retroactive. Miller v. Cupp (9th Cir. 1970), 427 F.2d 710.

The trial court disbelieved petitioner on his claim of naivete in entering his guilty plea. It believed contrary general testimony of counsel. Under the circumstances, if the burden of proof could be said to be on the state, we think it was sustained.