DUROSKO v. LEWIS

No. 88-15142.

882 F.2d 357 (1989)

Michael Allan DUROSKO, Plaintiff-Appellant, v. Samuel A. LEWIS; Arizona Attorney General, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1989.


Attorney(s) appearing for the Case

Michael Allen Durosko, Douglas, Ariz., pro se.

Diane M. Ramsey, Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellees.

Before GOODWIN, Chief Judge, ALARCON and NELSON, Circuit Judges.


GOODWIN, Chief Judge:

Durosko appeals the denial of his petition for a writ of habeas corpus, claiming that his enhanced penalty was a violation of the prohibition against double jeopardy.

Durosko was convicted of two counts of armed robbery. The state sought sentence enhancements under two separate provisions of Arizona law. Both allegations were predicated on the same Texas conviction.

First, the state alleged, pursuant to Ariz.Rev.Stat.Ann. [hereinafter...

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