STUCKEY v. STYNCHCOMBE

No. 79-2489 Summary Calendar.

614 F.2d 75 (1980)

Ronald E. STUCKEY, Petitioner-Appellant, v. Leroy STYNCHCOMBE, Sheriff, Fulton County, Georgia, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 8, 1980.


Attorney(s) appearing for the Case

Eric Welch, Atlanta, Ga., for petitioner-appellant.

Joseph J. Drolet, Asst. Dist. Atty., Atlanta, Ga., for respondents-appellees.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.


FRANK M. JOHNSON, Jr., Circuit Judge:

This appeal from a denial of a habeas corpus petition challenges the validity of an action taken by a Georgia trial court to correct an illegal sentence. Ronald E. Stuckey pleaded guilty in the Superior Court of Fulton County, Georgia, to armed robbery and aggravated assault. He was given a five year probated sentence, with the condition that he spend weekends in jail for the first six months of his sentence. The State challenged...

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