Peter Simmons, J. v. Louie L. Wainwright, Director, Division of Corrections, Florida

Peter Simmons, Jr., a Florida state prisoner, appeals from the district court’s denial of his petition for writ of habeas corpus. We affirm.

On March 1, 1950, the Circuit Court of Polk County, Florida, sentenced Simmons to a prison term of 20 years on his plea of guilty of manslaughter. In 1967, Simmons succeeded in having this sentence vacated on the ground that he was not represented by counsel at the 1950 sentencing. After vacating the sentence, the state court resentenced Simmons to 20 years in prison, with credit for time already served.

The district court was correct in rejecting Simmons’…