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STOKES v. SCHRIRO

No. 04-16454.

465 F.3d 397 (2006)

David Leon STOKES, II, Petitioner-Appellant, v. Dora B. SCHRIRO, Director, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2006.

Attorney(s) appearing for the Case

Jon M. Sands, Federal Public Defender, and Jennifer Y. Garcia, Assistant Federal Public Defender, Tucson, Arizona, for appellant David Leon Stokes, II.

Terry Goddard, Arizona Attorney General, Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Cari McConeghy-Harris, Assistant Attorney General, Criminal Appeals Section, Phoenix, Arizona, for appellee Dora B. Schriro.

Before D.W. NELSON, RAWLINSON, and BEA, Circuit Judges.

RAWLINSON, Circuit Judge.

A jury found David Leon Stokes, II (Stokes) guilty of attempted kidnapping and attempted robbery in Arizona state court. The jury also found the offenses to be "dangerous." At sentencing, the trial judge opted to sentence Stokes to twenty years as a repetitive offender whose previous convictions were for non-dangerous offenses. The judge then enhanced the sentence to twenty-five years by finding aggravating circumstances. After Stokes's habeas...

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