Criminal Procedure keyed to Kamisar
Lockhart v. Nelson
Respondent pled guilty to burglary and theft. He was sentenced under the State’s habitual criminal statute which provided for an enhanced sentence. At the sentencing hearing, the state sought to use the evidence of prior convictions, but respondent indicated that one of his convictions had been pardoned. The prosecutor suggested he was confused and continued to move for the enhanced sentence, which was imposed. Respondent later sought a writ of habeas corpus to the District Court arguing that the sentence was invalid because it was imposed based on a pardoned offense and that imposing such sentence would be in violation of Double Jeopardy. Defendant requested a new sentencing hearing.
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