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BECKHAM v. WAINWRIGHT

No. 80-5150.

639 F.2d 262 (1981)

Glimmert BECKHAM, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied April 8, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Fla., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

John D. Middleton, Florida Institutional Legal Services, Inc., Gainesville, Fla., (Court-appointed), for petitioner-appellee.

Before KRAVITCH and FRANK M. JOHNSON, Jr., Circuit Judges and ALLGOOD, District Judge.

KRAVITCH, Circuit Judge:

Glimmert Beckham was charged in a two count information with robbery and crime against nature. He withdrew a negotiated guilty plea and five-year sentence. A jury convicted him and he received a sentence of fifty years. He petitioned for habeas corpus claiming violation of his sixth amendment right to effective assistance of counsel: his attorney failed to advise him of the possible consequences of a jury trial and further stipulated to all...

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