Tony Giamo v. E. Wilson Purdy, as Sheriff of Dade County, Florida

465 F.2d 994

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 7, 1972
• Docket: 72-1990
• Status: Published

Opinion

PER CURIAM:

This appeal is taken from the district court’s order of dismissal of Giamo’s petition for habeas corpus attacking a five year sentence imposed by the Florida courts after a jury verdict of guilty for the crime of bribery. The opinion-order of the trial court is reported as Giamo v. Purdy, S.D.Fla.1972, 346 F.Supp. 1.

The petitioner-appellant has failed to demonstrate error in the trial court’s disposition of the two grounds of attack upon the state court conviction: (1) the introduction of proof of similar acts to the crime charged, prior and subsequent to the date of the crime charged, resulting in his not being convicted of a specific crime and thereby deprived of due process of law; and (2) comments by the state prosecutor in his closing argument to the jury alleged to be so prejudicial as to deprive the petitioner of a fair trial.

The judgment appealed from is

Affirmed.