Gibson v. Legursky

MILLER, Justice:

In this original habeas corpus proceeding, the petitioner, Gary Allen Gibson, challenges the validity of his second life recidivist conviction, which the Circuit Court of Wood County made consecutive to his first life recidivist conviction. In particular, the petitioner claims that the second life recidivist sentence was based on two underlying felonies that had formed the basis of his first life recidivist conviction. Consequently, he contends that the utilization of these same felonies to enhance both life recidivist sentences violates double jeopardy principles. We disagree.