Melvin Paul Terry v. Wayne K. Patterson, Warden, Colorado State Penitentiary

Petitioner appeals from an order of the Colorado District Court denying his petition for writ of habeas corpus on the grounds that he had failed to exhaust the available state remedies. We affirm the judgment.

On a plea of guilty petitioner was convicted on a state charge of issuing a “no-account” check, given a sentence of 4% to 5 years in the penitentiary and granted probation. He was subsequently taken into custody, and pursuant to hearing in the state trial court probation was revoked. Petitioner attacked his probation revocation by a Rule 35(b) Colo.R.Crim. P. motion to vacate sentence.…