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CAPPETTA v. WAINWRIGHT

No. 68-315-Civ.

286 F.Supp. 404 (1968)

Nicholas CAPPETTA, C-008033, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent.

United States District Court S. D. Florida, Miami Division.

June 10, 1968.

Attorney(s) appearing for the Case

Nicholas Cappetta, in pro. per.

Earl Faircloth, Atty. Gen., Tallahassee, Fla., for respondent.

CABOT, District Judge.

This is a petition for writ of habeas corpus filed by Nicholas Cappetta, a state prisoner. The state has filed its response to the petition pursuant to the Court's order of March 19, 1968.

Petitioner was tried and convicted of breaking and entering and grand larceny in the Criminal Court of Record in and for Dade County, Florida, case No. 62-5350. On January 10, 1963, he was sentenced to a term of five years imprisonment. It appears...

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