Harry Peoples v. George Bowen

GODBOLD, Chief Judge:

This habeas case presents an unusual situation. A prisoner is erroneously given a 20-year sentence when he should have been given a mandatory sentence of life or 99 years. His counsel, who is unaware that life or 99 years is mandatory, takes a “no merit” appeal, and the appellate court, on its own motion, vacates the 20-year sentence and orders that the prisoner be resen-tenced. The trial court then sentences him to life. We hold that the federal district court erred in denying the writ.

I. TRIAL, APPEAL AND RESENTENCE

Peoples, an Alabama state prisoner, was convicted May…