Ray Vernon Upton v. Dr. George J. Beto, Dir., Texas Dep't of Corr., 375 F.2d 117 (5th Cir. 1967). · Go Syfert
Ray Vernon Upton v. Dr. George J. Beto, Dir., Texas Dep't of Corr., 375 F.2d 117 (5th Cir. 1967). Cases Citing This Book View Copy Cite
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Ray Vernon UPTON, Appellant,
v.
Dr. George J. BETO, Director, Texas Department of Corrections, Appellee
24095.
Court of Appeals for the Fifth Circuit.
Mar 23, 1967.
Published opinion
375 F.2d 117
1967 U.S. App. LEXIS 6995
Ray Vernon Upton, pro se., Alio B. Crow, Jr., Asst. Atty. Gen., Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellee, Dr. George J. Beto.
Brown, Moore, Bell.
Cited by 1 opinion  |  Published
PER CURIAM:

Appellant, represented by two attorneys appointed by the Court, was convicted upon his plea of guilty in Cul-berson County, Texas. Thereafter he petitioned for a writ of habeas corpus. A full plenary hearing was granted by the District Court, which appointed counsel to represent appellant in the prosecution of his petition. On the hearing appellant testified at length during which testimony he admitted that he was serving two sentences but only attacking one in his petition for a writ.

The District Court found with respect to the challenged conviction that appellant was accorded the effective assistance of competent counsel; that his plea of guilty to the offense charged was made knowingly, understandingly, and voluntarily after consultation with and upon the advice of his counsel; that appellant’s conviction was not obtained in violation of any of the rights guaranteed by the Constitution of the United States; and that appellant was then serving a valid sentence imposed in Midland County, Texas, which appellant was not attacking. The denial of the writ is amply supported by the record.

Affirmed.