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LINAM v. GRIFFIN

No. 80-1532.

685 F.2d 369 (1982)

Harry E. LINAM, Petitioner-Appellant, v. M. Jerry GRIFFIN, Warden, New Mexico State Penitentiary, and Attorney General of the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

August 9, 1982.

Attorney(s) appearing for the Case

Reber Boult, Asst. Federal Public Defender, Albuquerque, N. M. (Tova Indritz, Federal Public Defender and R. Raymond Twohig, Jr., Asst. Federal Public Defender, Albuquerque, N. M., with him on the brief), for petitioner-appellant.

Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, N. M. (Jeff Bingaman, Atty. Gen., and Eddie Michael Gallegos, Asst. Atty. Gen., Santa Fe, N. M., with him on the brief), for respondent-appellee.

Before SETH and DOYLE, Circuit Judges, and ANDERSON, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

INTRODUCTORY STATEMENT

Following his conviction of the charge of forgery in two counts the defendant-appellant Linam was sentenced to two consecutive two to ten year terms in the state penitentiary of the State of New Mexico. Subsequent to that the state filed a supplemental information charging Linam as an habitual criminal pursuant to the N.M.Stat.Ann. § 31-18-5 (1978), which provides that:

Any person who...

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