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SCOGGIN v. KAISER

No. 98-6147.

186 F.3d 1203 (1999)

Darryl Gene SCOGGIN, Petitioner-Appellant, v. Steve KAISER, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 27, 1999.

Attorney(s) appearing for the Case

James P. Moran, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender with him on the brief), Denver, Colorado, for Petitioner-Appellant.

Steven E. Lohr, Assistant Attorney General, Criminal Division (W.A. Drew Edmondson, Attorney General of Oklahoma with him on the brief), Oklahoma City, Oklahoma, for Respondent-Appellee.

Before BALDOCK, KELLY, and MURPHY, Circuit Judges.

BALDOCK, Circuit Judge.

Oklahoma state prosecutors charged Petitioner Darryl Gene Scoggin by information with (1) grand larceny of merchandise from a retailer after two prior felony convictions, in violation of 21 Okla. Stat. §§ 1731 & 51, State v. Scoggin, No. CF-94-5523 (Okla. County, filed August 24, 1994), and (2) petit larceny of merchandise from a retailer, in violation of 21 Okla. Stat. § 1731, State v. Scoggin, No. CF-94-5524...

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