Gary E. Johnson v. Jack Cowley, Attorney General of the State of Oklahoma
Court of Appeals for the Tenth Circuit
1Opinion of the Court
JOHN P. MOORE, Circuit Judge.
Gary E. Johnson (petitioner) appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand.
Petitioner was charged in Oklahoma state court with second degree burglary after former conviction of a felony. Petitioner had pled not guilty to the former conviction. Under the state procedure, trial of the primary burglary offense was bifurcated from the enhancement and sentencing proceeding. A jury convicted petitioner of the…
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