Johnny Honeycutt v. Benjamin Ward, Commissioner of Corrections for the State of New York

MOORE, Circuit Judge:

This is an appeal by the Commissioner of Corrections for the State of New York (hereinafter the “State”), from a judgment of the United States District Court for the Southern District of New York, granting appellee Johnny Honeycutt’s petition for a writ of habeas corpus, 28 U.S.C. § 2254. *38The petition was granted on the theory that a sentence imposed after a 1954 conviction in New York County, upon a plea of guilty to armed robbery in the second degree, was unlawfully enhanced to fifteen years to life imprisonment as a result of a fourth felony information filed pürsuant…