Frank A. Smith, III v. Louie Wainwright

FAY, Circuit Judge:

The appellant, Frank A. Smith III, seeks to overturn his life sentence for second degree murder. Smith claims that his sentence was unlawfully imposed as a punishment for exercising his sixth amendment right to a jury trial. Our examination of the record indicates that Smith was not so penalized; we conclude, instead, that his life term was decreed only after a careful assessment by the trial judge of the relevant sentencing variables. Because we find no abuse of discretion in the sentencing process, we affirm.

I. Procedural History

On March 11, 1974, an information was filed…