DIXON, Justice.
Petitioner, Frank Kennedy, was arrested for simple burglary August 31, 1968. He was tried and convicted on December 3, 1968. On December 20, 1968 petitioner was charged with being a third felony offender —admittedly true. He was sentenced to nine years in the penitentiary on April 8, 1969. This court affirmed his conviction on appeal on January 20, 1970. See State v. Kennedy,
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