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McLESTER v. SMITH

No. 86-7038.

802 F.2d 1330 (1986)

Terry Wayne McLESTER, Petitioner-Appellant, v. Freddie V. SMITH, Commissioner of the State of Alabama, Department of Corrections; Charles Graddick, Attorney General for the State of Alabama, Willie Johnson, Warden, Holman Station, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 20, 1986.

Attorney(s) appearing for the Case

William J. Baxley, Baxley, Beck, Dillard & Dauphin, Jeffery H. Long, Kearney Dee Hutsler, III, Montgomery, Ala., for petitioner-appellant.

J. Anthony McLain, Sp. Asst. Atty. Gen., McLain, & Hampton, Montgomery, Ala., for respondents-appellees.

Before HILL and HATCHETT, Circuit Judges, and THOMAS, Senior District Judge.

HATCHETT, Circuit Judge:

Relying on Seritt v. State of Alabama, 731 F.2d 728 (11th Cir.1984), we uphold the application of the Alabama Habitual Offender Act (Alabama Code 13A-5-9) to the peculiar facts presented in this case.

The appellant, Terry Wayne McLester, robbed a grocery store. In the robbery incident, committed while McLester was intoxicated, he displayed a half-opened knife, requested money from the cash register...

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