GUNSBY v. WAINWRIGHT

No. 76-4291 Summary Calendar.

552 F.2d 127 (1977)

Earl GUNSBY, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 12, 1977.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, Fla., for respondent-appellant.

J. Richard Rahter (Court-appointed), St. Petersburg, Fla., for petitioner-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.


PER CURIAM:

Earl Gunsby was charged with committing robbery. He entered into a plea bargain with a Florida prosecutor. He agreed to testify against a co-defendant, and the State agreed that Gunsby's maximum sentence would be seven years. Shortly after entering the guilty plea, Gunsby gave a sworn statement to the prosecutor in which he incriminated himself and his co-defendant.

At the trial of the co-defendant, Gunsby's testimony differed from that given in...

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