Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

TUTTLE, Circuit Judge:

This is the second appearance of this case before us. On the first case, this court held that petitioner’s allegations that his plea of guilty in the state court was not voluntary and this entitled him to a hearing in the habeas corpus court. The court stated that the case was remanded for a hearing on the issue of “whether appellant’s plea of guilty was understandingly and voluntarily made.” See Wade v. Wainwright, (5th Cir., 1967) 387 F.2d 386. Wade was charged in the state court on three counts of violating Florida’s Statute Ann. § 800.04, the statute which provides a…