Writ denied. At the evidentiary hearing of January 30, 1974, the defendant testified (tr. 38) that he accepted the advice of his retained counsel not to appeal. We are also unable to find from such evidentiary hearing and from the record of the trial of June 19, 1973, the the trial court erred in rejecting the allegations of incompetency of trial counsel.
BARHAM, J., is of the opinion the writ should be granted. Relator was denied his right to appeal. There is considerable...
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