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SAMPLE v. EYMAN

No. 72-1555.

469 F.2d 819 (1972)

Lynn SAMPLE, Petitioner-Appellant, v. Frank A. EYMAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 31, 1972.

Attorney(s) appearing for the Case

Lloyd D. Brumage, of Karman & Brumage, Casa Grande, Ariz., for petitioner-appellant.

Gary K. Nelson, Atty. Gen., Peter Van Orman, Asst. Atty. Gen., Phoenix, Ariz., for respondent-appellee.

Before JERTBERG and ELY, Circuit Judges, and RENFREW, District Judge.

RENFREW, District Judge:

Appellant was convicted of aggravated assault by a jury in Superior Court, Pinal County, Arizona, on June 29, 1970. Under Arizona's multiple offender statute, A.R.S. § 13-1650, he was sentenced to a term of not less than nine and not more than ten years in the Arizona State Prison. Appellant's conviction was affirmed by the Arizona Supreme Court, State v. Sample, 107 Ariz. 407, 489 P...

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