Cappetta v. Wainwright

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 from the respondent’s Exhibit “A” that the sentence herein attacked expired on December 7, 1967, and accordingly, petitioner is no longer in…