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PEOPLES v. BOWEN

No. 85-7047.

791 F.2d 861 (1986)

Harry PEOPLES, Petitioner-Appellant, v. George BOWEN, et al., Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 17, 1986.

Attorney(s) appearing for the Case

Margaret L. Givhan, Montgomery, Ala., for petitioner-appellant.

Rivard Melson, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before GODBOLD, Chief Judge, JOHNSON, Circuit Judge, and TUTTLE, Senior Circuit Judge.

GODBOLD, Chief Judge:

This habeas case presents an unusual situation. A prisoner is erroneously given a 20-year sentence when he should have been given a mandatory sentence of life or 99 years. His counsel, who is unaware that life or 99 years is mandatory, takes a "no merit" appeal, and the appellate court, on its own motion, vacates the 20-year sentence and orders that the prisoner be resentenced. The trial court then sentences him to life. We hold that the federal...

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