Frazier v. Roberts

MEMORANDUM OPINION

HENLEY, Chief Judge.

In 1967 James Thomas Frazier, petitioner herein, and others were convicted by a jury in the Circuit Court of White County, Arkansas, of unlawfully possessing burglar’s tools and gambling equipment. Ark.Stats., §§ 41-1006 and 41-2001. Frazier had three previous felony convictions and was subject to being sentenced under the Arkansas habitual criminal statute, Ark.Stats., § 43-2328. The Circuit Judge sentenced him to imprisonment for five years for possessing burglar’s tools and for two years for possessing gambling equipment. The Judge did not specify…