COLE v. WAINWRIGHT

No. 78-3309 Summary Calendar.

614 F.2d 67 (1980)

Larry Bernard COLE, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 20, 1980.


Attorney(s) appearing for the Case

Thomas G. Murray, Sp. Asst. Public Defender, Miami, Fla., for petitioner-appellant.

Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before RONEY, KRAVITCH and TATE, Circuit Judges.


KRAVITCH, Circuit Judge.

Larry Bernard Cole appeals the denial of his petition for a writ of habeas corpus. He contends that the imposition of a 130 year sentence violated his right to due process; that had he waived his right to a jury trial he would have received a sentence of no more than twenty years. We reject petitioner's conclusion that the 110 years differential between the sentence offered by the prosecutor pretrial and that imposed posttrial constitutes...

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