No. 87-7746.

857 F.2d 958 (1988)

Melvin W. MARTIN, Petitioner-Appellant, v. J.B. TAYLOR, Acting Warden; Attorney General of the State of Virginia, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1988.

Attorney(s) appearing for the Case

Adam Lipton (Nancy L. Cook, American University Washington College of Law, Appellate Advocacy Program, Washington, D.C., on brief), for petitioner-appellant.

Hazel Elizabeth Shaffer, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richmond, Va., on brief), for respondents-appellees.

Before RUSSELL and MURNAGHAN, Circuit Judges, and NIEMEYER, United States District Judge for the District of Maryland, sitting by designation.

NIEMEYER, District Judge:

Melvin W. Martin was tried and convicted of the misdemeanor of vandalism in the General District Court for the City of Buena Vista, Virginia for breaking a glass door to the cashier's booth of a gas station on the night of July 23, 1984. Shortly thereafter he was tried and convicted of the felony of attempted breaking and entering with the intent to commit larceny in the Circuit Court for the City of Buena Vista for the entering of that booth...

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