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ROBERTS v. SUTTON

No. 98-6110.

217 F.3d 1337 (2000)

Raymond ROBERTS, Petitioner-Appellant, v. Ron SUTTON, Warden, Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 11, 2000.

Attorney(s) appearing for the Case

William Wayne Whatley, Jr. (Court-Appointed), Montgomery, AL, for Petitioner-Appellant.

James Bartholomew Prude, Montgomery, AL, for Respondents-Appellees.

Before COX and HULL, Circuit Judges, and GEORGE, District Judge.

COX, Circuit Judge:

Raymond Roberts appeals the district court's denial of his 28 U.S.C. § 2254 petition. We vacate and remand.

Background

Roberts drove the getaway car for an armed robbery of a Shell food mart in Decatur, Alabama. After awaiting trial for more than 32 months, he was convicted in Morgan County circuit court of first-degree robbery and sentenced, pursuant to Alabama's Habitual Felony Offender Act,1

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