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DENTON v. DUCKWORTH

No. 87-2819.

873 F.2d 144 (1989)

Royce E. DENTON, Petitioner-Appellant, v. Jack R. DUCKWORTH, et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 17, 1989.

Rehearing and Rehearing Denied June 8, 1989.

Attorney(s) appearing for the Case

Warren Byrd, Law Student, Notre Dame Law School, Notre Dame, Ind., for petitioner-appellant.

Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before COFFEY, EASTERBROOK, and KANNE, Circuit Judges.

Rehearing and Rehearing In Banc Denied June 8, 1989.

KANNE, Circuit Judge.

Royce Denton was convicted by a jury of rape in Marion County (Indiana) Superior Court in 1981. The same jury, in a bifurcated proceeding, also found that Denton was an habitual offender under Ind.Code § 35-50-2-8.1 As a result, Denton's fifteen-year sentence was "enhanced" by an additional thirty years. As a separate part of the original indictment...

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