MEMORANDUM AND ORDER
SHARP, Chief Judge.
This case is presently before the court on a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The petitioner was convicted in a state court jury trial of the crime of burglary, for which he received a determinate sentence of five years. That conviction was unanimously affirmed on direct appeal by the Court of Appeals of Indiana. Hack v. State, Ind.App.,
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