DRAPER, P.J.
A jury found defendant guilty of first degree burglary and found that the charges of three prior felony convictions were true. Defendant was sentenced to prison but was not found to be an habitual criminal. He appeals.
Defendant was caught by police in the act of burglary, and testified that he committed it. The only fact issue concerned degree, and turned on his throwing of a hammer when surprised in the burglarized premises. If this was an assault...
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