BLACK, J.
This appeal raises the question whether the enhanced penalty of actual incarceration of three years imposed on a defendant who had or used a firearm while committing certain crimes violates the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.
Defendant, Ray Sims, appeals from the judgment below that sentenced him to two consecutive terms of imprisonment for an offense that occurred on June 16, 1983: a definite term...
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