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ALFORD v. ROLFS

No. 87-3919.

867 F.2d 1216 (1989)

Richard Lee ALFORD, Petitioner-Appellant, v. Tom ROLFS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 1988.

Decided February 9, 1989.

Attorney(s) appearing for the Case

Barbara A. Laners, Seattle, Wash., for petitioner-appellant.

Theresa L. Fricke, Asst. Atty. Gen., Dept. of Corrections, Olympia, Wash., for respondent-appellee.

Before FLETCHER, LEAVY, Circuit Judges, and CARROLL, District Judge.

LEAVY, Circuit Judge:

This is an appeal from a district court decision denying Alford's petition for federal habeas corpus relief. Alford was convicted in the State of Washington for possessing stolen property. Based on Alford's felony record, the Washington trial court found Alford to be an habitual criminal, and sentenced him to life in prison with possibility of parole. The Washington Court of Appeals first vacated the sentence, but, in a clarifying decision, upheld...

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