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WILLETT v. STATE OF GA.

No. 77-1123.

608 F.2d 538 (1979)

James W. WILLETT, Petitioner-Appellant, v. STATE OF GEORGIA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 17, 1979.

Attorney(s) appearing for the Case

Myron K. Allenstein, Gadsden, Ala., for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., G. Stephen Parker, John C. Walden, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before TJOFLAT and VANCE, Circuit Judges, and ALLGOOD, District Judge.

VANCE, Circuit Judge:

James M. Willett was indicted in Georgia state court on October 16, 1973, for the statutory rape of his six-month-old daughter. Assisted by a court-appointed attorney, he pleaded guilty and was given a sentence of fifteen years. When the plea was entered, Willett's counsel stated,

Before explaining his rights to him, if I might indicate to the Court that he is entering his plea of guilty, but he is entering that plea while he contends...

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