COBB v. WAINWRIGHT

No. 80-5488.

666 F.2d 966 (1982)

William D. COBB, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

February 4, 1982.


Attorney(s) appearing for the Case

Warner S. Olds, Channing F. Brackey, Fort Lauderdale, Fla., for petitioner-appellant.

Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellee.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and THOMAS, District Judge.


KRAVITCH, Circuit Judge:

It is ordered that the petition for rehearing filed by the petitioner is DENIED. However, because of an inadvertent error in quoting a statute, we withdraw our original opinion 656 F.2d 982 (5th Cir.), and substitute the following in its place:

Appellant William D. Cobb was convicted by a jury in Florida district court of unnecessarily killing to prevent an unlawful act in violation of Fla.Stat. § 782.11 (1975) and was sentenced...

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