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SWIFT v. LYNN

No. 88-3463.

870 F.2d 1039 (1989)

Robert SWIFT, Petitioner-Appellant, v. Bruce LYNN, Secretary, Louisiana Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

April 26, 1989.

Attorney(s) appearing for the Case

Roma A. Kent, Asst. Federal Public Defender, New Orleans, La., for petitioner-appellant.

R. Jeffrey Bridger, Asst. Dist. Atty., New Orleans, La., for respondents-appellees.

Before GEE, SMITH, and DUHE: Circuit Judges.

DUHE, Circuit Judge:

Petitioner-appellant Robert Swift was convicted of the burglary of an inhabited dwelling under La.R.S. 14:62.2.1 At the sentencing hearing, the state filed a multiple offender bill of information alleging that Swift had a prior felony conviction for simple burglary. The state read a paragraph from the bill alleging that conviction, to which Swift's counsel admitted. On prompting from the trial judge, Swift personally...

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