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BAKER v. DUCKWORTH

No. 83-1710.

752 F.2d 302 (1985)

Gregory A. BAKER, D.O.C. 17554, Petitioner-Appellant, v. Jack R. DUCKWORTH and Attorney General of the State of Indiana, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 7, 1985.

Attorney(s) appearing for the Case

Shelly Heger, Legal Intern, Notre Dame Law School, Notre Dame, Ind., for petitioner-appellant.

Sabra A. Weliever, Deputy Atty. Gen., Indianapolis, Ind., for respondent-appellee.

Before WOOD, Circuit Judge, PELL, Senior Circuit Judge, and GRANT, Senior District Judge.

PELL, Senior Circuit Judge.

A Marion County, Indiana, jury convicted petitioner Gregory A. Baker of theft, a Class D felony, on November 19, 1979. At that trial, the jury found that Baker was not an habitual offender, and thus the trial court did not enhance Baker's theft sentence. On November 21, 1979, the Marion County prosecutor amended an unrelated, pending theft information against Baker to include an habitual offender count. The Marion County prosecutor added...

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