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WOOLEY v. CONSOLIDATED CITY OF JACKSONVILLE

No. 29583 Summary Calendar.

433 F.2d 980 (1970)

Jewel Bertram WOOLEY, Jr., Petitioner-Appellee, v. CONSOLIDATED CITY OF JACKSONVILLE and Duval County, State of Florida, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

October 27, 1970.

Attorney(s) appearing for the Case

David U. Tumin, Asst. Counsel, James C. Rinaman, Jr., Gen. Counsel, William L. Durden, Special Counsel, Jacksonville, Fla., for respondents-appellants.

Robert W. Elrod, Jacksonville Beach, Fla., amicus curiae, Fla. Municipal Judges Assn.

Jewel Bertram Wooley, Jr. pro se; Samuel S. Jacobson, (Court-appointed) Datz & Jacobson, Jacksonville, Fla., for petitioner-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

In this case the District Court held that a defendant in a municipal court, in the absence of waiver, has a right to counsel if the potential penalty in all pending charges could amount to as much as imprisonment for 90 days or a fine of $500.

The decision of the District Court is reported, 308 F.Supp. 1194 (M. D., Fla., 1970). We agree with the District Court that a prisoner in the custody

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