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ROSTHENHAUSLER v. STATE EX REL. EYMAN

No. 2 CA-HC 96.

8 Ariz. App. 459 (1968)

447 P.2d 274

Samuel O. ROSTHENHAUSLER, Petitioner, v. The STATE of Arizona ex rel. Frank A. EYMAN, Warden, Arizona State Prison, et al., Respondents.

Court of Appeals of Arizona.

Rehearing Denied January 22, 1969.

Attorney(s) appearing for the Case

Samuel O. Rosthenhausler, in pro. per.

Gary K. Nelson, Atty. Gen., Thomas M. Tuggle, Asst. Atty. Gen., Phoenix, for respondents.

HATHAWAY, Chief Judge.

The petitioner herein has instituted these habeas corpus proceedings to challenge the validity of the sentence he is presently serving upon his conviction of a second offense of joyriding, a felony under A.R.S. § 13-672, subsec. B. The petitioner contends:

"* * * that the felony sentence which he is now serving is null and void, by virtue of use of an invalid prior misdemeanor to statutorily enhance the crime of joyriding to a...

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