Rodeheaver v. Wainwright

SPECTOR, Judge.

This is a habeas corpus petition seeking to set aside a guilty plea to two in-formations for larceny of an automobile and grand larceny. At the time said pleas were tendered and accepted, four other informations charging petitioner with the commission of crimes were nolle prossed.

The claim of petitioner rests on Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), which held that it is error to accept a guilty plea where the record does not disclose that the defendant voluntarily and understandingly entered his guilty plea. Petitioner’s reliance on Boykin is…