SMITH v. WAINWRIGHT

No. 81-5273.

664 F.2d 1194 (1981)

Frank A. SMITH, III, Petitioner-Appellant, v. Louie WAINWRIGHT, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied February 8, 1982.


Attorney(s) appearing for the Case

Robert J. Buonauro, Orlando, Fla., for petitioner-appellant.

Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, Fla., for respondents-appellees.

Before FAY, ANDERSON and CLARK, Circuit Judges.


FAY, Circuit Judge:

The appellant, Frank A. Smith III, seeks to overturn his life sentence for second degree murder. Smith claims that his sentence was unlawfully imposed as a punishment for exercising his sixth amendment right to a jury trial. Our examination of the record indicates that Smith was not so penalized; we conclude, instead, that his life term was decreed only after a careful assessment by the trial judge of the relevant sentencing variables. Because...

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