Gregory A. Baker, D.O.C. 17554 v. Jack R. Duckworth and Attorney General of the State of Indiana

PELL, Senior Circuit Judge.

A Marion County, Indiana, jury convicted petitioner Gregory A. Baker of theft, a Class D felony, on November 19, 1979. At that trial, the jury found that Baker was not an habitual offender, and thus the trial court did not enhance Baker’s theft sentence. On November 21, 1979, the Marion County prosecutor amended an unrelated, pending theft information against Baker to include an habitual offender count. The Marion County prosecutor added this habit ual offender count to the pending theft charge after plea bargaining attempts with Baker proved unsuccessful. The…