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HART v. COINER

No. 71-1885.

483 F.2d 136 (1973)

Dewey HART, Appellant, v. Ira M. COINER, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1973.

Attorney(s) appearing for the Case

Richard Vanore and Robert Wishart, Third Year Students (Barry Nakell, Chapel Hill, N. C. [Court-appointed counsel] on brief), for appellant.

Richard E. Hardison, Asst. Atty. Gen., of W. Va. (Chauncey H. Browning, Jr., Atty. Gen., of W. Va., and E. Leslie Hoffman, III, Asst. Atty. Gen., of W. Va., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

Appellant Dewey Hart is presently confined in the West Virginia State Penitentiary under judgment and sentence that he there be imprisoned for the rest of his natural life for having violated West Virginia's recidivist statute. The life sentence, mandatory under West Virginia law, rests upon three prior convictions: (1) writing a check on insufficient funds for $50; (2) transporting across state lines forged checks in the amount of $140; and...

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