ELLETT, Chief Justice:
Mr. Carter was charged in three counts with: (a) theft by receiving; (b) attempted theft by extortion, and (c) being a habitual criminal. He was convicted by a jury as charged on counts (a) and (b) above; and convicted by the court of being a habitual criminal. His attack on the conviction of being a habitual criminal is based upon the claim that the statute is unconstitutional. We address that claim first.
Our statute
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