UNITED STATES EX REL. BAKER v. FINKBEINER

No. 76-1918.

551 F.2d 180 (1977)

UNITED STATES of America ex rel. Theodore BAKER, Petitioner-Appellant, v. Frederick FINKBEINER, Warden, Pontiac Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 1977.

Rehearing and Rehearing Denied April 15, 1977.


Attorney(s) appearing for the Case

Thomas M. Peters, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Victor M. Pilolla, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before SWYGERT, TONE and WOOD, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 15, 1977.

SWYGERT, Circuit Judge.

In this case petitioner seeks a writ of habeas corpus because he was not told that he would have to serve a mandatory parole term at the time he agreed to plead guilty to state criminal charges. We hold that in the circumstances of petitioner's case the failure of the prosecutor and the trial court to advise him of the mandatory parole term created a defect of constitutional dimensions...

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