Michael Allan Durosko v. Samuel A. Lewis Arizona Attorney General

GOODWIN, Chief Judge:

Durosko appeals the denial of his petition for a writ of habeas corpus, claiming that his enhanced penalty was a violation of the prohibition against double jeopardy.

Durosko was convicted of two counts of armed robbery. The state sought sentence enhancements under two separate provisions of Arizona law. Both allegations were predicated on the same Texas conviction.

First, the state alleged, pursuant to Ariz. Rev.Stat.Ann. [hereinafter A.R.S.] § 13-604 (1978), that Durosko had a prior felony conviction. An allegation of a prior felony conviction under § 13-604 is tried to a…