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LEWELLYN v. WAINWRIGHT

No. 78-2488 Summary Calendar.

593 F.2d 15 (1979)

David Jefferson LEWELLYN, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., William I. Munsey, Jr., Asst. Atty. Gen., Tampa, Fla., for respondent-appellant.

Benjamin P. Reese, II, Sarasota, Fla., for petitioner-appellee.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.

PER CURIAM:

Petitioner, David Jefferson Lewellyn, was charged in Florida state court with breaking and entering with intent to commit a felony (rape). In June 1970, he was arraigned in circuit court; he signed a waiver of counsel form. Record, at Exh. III. He entered a plea of guilty to the charge. The parties agree that at no time prior to the plea was Lewellyn informed by the circuit judge or the prosecutor of the maximum sentence that could be imposed on the charge...

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