Irby v. Wyrick

MEMORANDUM OPINION

NANGLE, District Judge.

This action is before the Court following an evidentiary hearing on the petition of Sammie Preston Irby for a writ *1184of habeas corpus pursuant to 28 U.S.C., § 2254. Petitioner is presently serving a forty year prison sentence imposed by the Circuit Court of New Madrid County, Missouri, in 1963.

Petitioner seeks to be resentenced by that Court because a previous conviction, obtained in violation of his right to counsel, Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), was' used to enhance his 1963 sentence under the Missouri Second…