William I. Davis v. John E. Bennett, Warden, Iowa State Penitentiary

In January 1966 petitioner was charged with the crime of “robbery with aggravation” in the Pottawattamie County District Court in Iowa. Pursuant to the Iowa multiple-offender statute, he was charged with the commission of three other felonies under Iowa law, and thereby subject to a greater sen-fence under the provisions of § 747.1 of the Code of Iowa, 1962. The jury found the petitioner guilty of a lesser degree of “robbery,” which carried a maximum penalty of ten years. The jury returned blank verdict forms as to the charges of “robbery with aggravation” and of being an “habitual criminal.”…