In re Percy

MEMORANDUM DECISION

NICHOL, Chief Judge.

This is a habeas corpus proceeding in accordance with Title 28 U.S.C. Sec. 2254. Dale Percy (hereinafter called petitioner) claims that his ultimate trial and conviction were violative of his constitutional and statutory guarantees of protection against double jeopardy pursuant to Article V of the United States Constitution and Article VI, Section 9, of the Constitution of the State of South Dakota. In the alternative the petitioner claims that the greater sentence imposed upon his trial for kidnapping is illegal and requests relief pursuant to Rule 35…