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COX v. HUTTO

No. PB-75-C-48.

476 F.Supp. 906 (1979)

Billy Ray COX, Petitioner, v. Terrell Don HUTTO, Commissioner, Arkansas Department of Correction, Respondent.

United States District Court, E. D. Arkansas, Pine Bluff Division.

September 5, 1979.

Attorney(s) appearing for the Case

Victra L. Fewell, Wallace, Hilburn, Clayton, May & Calhoun, North Little Rock, Ark., for petitioner.

Ray E. Hartenstein, Asst. Atty. Gen., Little Rock, Ark., for respondent.

MEMORANDUM AND ORDER

EISELE, Chief Judge.

Billy Ray Cox was convicted of burglary in 1973 and sentenced to two years' imprisonment. The same jury then sentenced him to 31½ years in a separate proceeding pursuant to the Arkansas habitual criminal statute, Ark.Stat.Ann. § 43-2328(3) (1977).1 Although the United States District Court denied his petition for writ of habeas corpus...

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