Charlebois v. Wainwright

JOHN A. H. MURPHREE, Circuit Judge.

This cause came on to be heard upon petition for writ of habeas corpus, order to show cause, and return thereto. The court, being fully advised in the premises, finds as follows —

1. That this court agrees with the reasoning of the United States District Court in Rankin v. Wainwright, 351 F. Supp. 1307 (1972), which holds that F. S. 944.28(1) applies only when the prisoner has been adjudicated guilty of the crime of escape.

2. That since the state attorney entered a nolle prosequi on the charge of escape against petitioner, the petitioner must be afforded a…