This is a habeas corpus proceeding instituted by the relator, Evaristo Ruiz, who contends that a Criminal Court Judge unlawfully sentenced him for a Class "B" misdemeanor, which had already been "included" in a sentence imposed upon him in this court when he pleaded guilty to a Class "E" felony. In effect, he contends he is illegally and violative of his constitutional rights being punished twice for the same crime.
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