No. 88-3917.

877 F.2d 802 (1989)

Richard N. CURTIS, Petitioner-Appellant, v. Kenneth O. EIKENBERRY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 13, 1989.

Attorney(s) appearing for the Case

Bruce D. MacLean, MacLean & MacLean, Seattle, Wash., for petitioner-appellant.

Linda A. Dalton, Asst. Atty. Gen., Olympia, Wash., for respondent-appellee.

Before PREGERSON, BOOCHEVER and NOONAN, Circuit Judges.

PREGERSON, Circuit Judge:

Following a criminal conviction, petitioner Richard N. Curtis was adjudged to be an habitual criminal pursuant to section 9.92.090 of the Washington Code.1 On appeal, the Washington Court of Appeals vacated the habitual criminal judgment, ruling that the existence and validity of three of the four prior convictions that the state alleged as the basis of the habitual criminal judgment had not been proved beyond...

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