Swaw v. State

OPINION

RUSSELL, Judge.

Lester H. Swaw, indigent and represented by appointed counsel, has appealed the dismissal after an evidentiary hearing of his petition for post-conviction relief. Swaw is serving a sentence of not less than one nor more than three years in the penitentiary arising out of his conviction upon a plea of guilty to petit larceny.

He does not attack the validity of the conviction itself, either in his petition or in his testimony. On the contrary, under direct examination by his attorney, the following question and answer appear:

“Q. Now, if I am correct, your basis of this is…