Parry Morgan v. Donald Wyrick, Warden

This is an appeal in forma pauperis from the district court’s 1 denial of appellant’s petition for habeas corpus under 28 U.S.C. § 2254. In brief, appellant contends that because his consecutive sentences of imprisonment resulted from the state trial court’s application of a statute later declared unconstitutional, his case should be remanded for resentencing. We affirm the district court.

On February 12, 1975, following trial to the court, appellant was convicted of one count of rape and one count of robbery. Sentence was imposed on May 22, 1975; appellant was sentenced to life in prison on…