Dames v. Wainwright
Decision Date | 01 April 1974 |
Docket Number | No. 73-1093.,73-1093. |
Parties | Harold DAMES, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Samuel S. Forman, Miami, Fla., (Court-appointed), for petitioner-appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Arnold R. Ginsberg, Linda C. Hertz, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.
Before RIVES, GEWIN and RONEY, Circuit Judges.
Harold Dames appeals from the district court's judgment denying his application for a writ of habeas corpus. He was convicted on November 19, 1969 of robbery and sentenced to fifteen years' imprisonment. His conviction was subsequently affirmed. Dames v. State, 235 So.2d 556 (Fla.App.Ct. 1970). There-after at his behest, his conviction was set aside for grounds not clearly revealed by the record before us and he was granted a new trial.
Dames and his court-appointed counsel then entered into a negotiated plea whereby as a result of his plea of guilty to the robbery charge, he would be given a seven-year sentence with credit on the sentence for a six-month period of time out of the two years he had previously served on the vacated conviction. Accordingly, on August 5, 1971, the state trial court accepted Dames' tendered guilty plea. At that time the following colloquy ensued:
After discussing the nature of the offense with Dames, the court directed these pertinent questions to him:
In his petition below and on this appeal Dames has contended that he is entitled to receive credit for the total two years of incarceration that followed his original conviction for robbery in 1970. He asserts that the trial court's failure to credit him with this period of time violates the prescriptions enunciated by the Supreme Court in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1972). We find this contention to be without merit and affirm.
The record demonstrates that Dames was aware that he would receive a seven-year sentence for his guilty plea and credit for six months previously served. As a result of Dames' successful attempt to have his previous sentence of fifteen...
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U.S. v. Maggio, 74-2629
...by the trial court in this case. See, e. g., Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); Dames v. Wainwright, 491 F.2d 1098 (5th Cir. 1974). Primary responsibility for the administration of each of the numerous components of these various plea bargains does no......
- United States v. Vaughan, 73-3801. Summary Calendar.