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WILBURN v. STATE

No. 5781.

487 S.W.2d 600 (1972)

Tommy Lee WILBURN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 11, 1972.

Attorney(s) appearing for the Case

Lloyd R. Haynes, Little Rock, for appellant.

Ray Thornton, Atty. Gen., by Milton Lueken, Asst. Atty. Gen., Little Rock, for appellee.

JONES, Justice.

Tommy Lee Wilburn was convicted of robbery by a jury in the Pulaski County Circuit Court and was sentenced to prison for a term of 12 years as a third offender under Ark. Stat. Ann. § 43-2328 (Supp. 1971), and under the procedure as outlined in Ark.Stat.Ann. § 43-2330.1 (Supp. 1971). The pertinent portions of these two sections as they relate to the case at bar, appear as follows:

"Any person convicted of an offense, which is punishable...

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