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COKELEY v. LOCKHART

No. 90-2295.

951 F.2d 916 (1991)

Dickie COKELEY, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Corrections, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 20, 1991.

Rehearing and Rehearing Denied February 25, 1992.

Attorney(s) appearing for the Case

Daniel R. Carter, Little Rock, Ark., for appellant.

Olan W. Reeves, Little Rock, Ark. (Ron Fields, on the brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied February 25, 1992.

BRIGHT, Senior Circuit Judge.

Dickie Cokeley appeals the district court's denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Cokeley contends that he was found guilty and sentenced for a crime for which he was not properly charged. We reverse and grant the writ subject to the condition that the State may conduct a new trial within a reasonable period.

I. BACKGROUND

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