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DeGAGLIA v. STACK

No. 73-3053 Summary Calendar.

490 F.2d 472 (1974)

John Mario DeGAGLIA, Petitioner-Appellee, v. Edward J. STACK, as Sheriff of Broward County, Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 6, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Nelson E. Bailey, Thomas M. Carney, Asst. Attys. Gen., West Palm Beach, Fla., Phillip S. Shailer, State's Atty., 7th Judicial Circuit of Fla., Broward, Fla., Jon H. Gutmacher, Asst. State's Atty., Fort Lauderdale, Fla., for respondent-appellant.

Jerome M. Rosenblum, Hollywood, Fla., Fred. A. Jones, Martin Blitstein, Miami, Fla., for petitioner-appellee.

Before BELL, GODBOLD and GEE, Circuit Judges.

PER CURIAM:

Stack, the sheriff of Broward County, Florida appeals from the district court's grant of DeGaglia's petition for writ of habeas corpus. In July 1971, DeGaglia entered a negotiated plea of nolo contendere in state court to possession of heroin. The state court sentenced him to one year in the county stockade. The negotiations for the plea had focused on a sentence of probation rather than of incarceration. Contending that the state had not kept the promise...

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