Martin v. Leverette

Miller, Justice:

This appeal is from the partial denial of a writ of habeas corpus by the Circuit Court of Mercer County. Appellant had been given a life sentence in 1970 under our habitual criminal statute, W.Va. Code, 61-11-18. This was based upon the 1970 conviction for burglary and two prior felonies, one for armed robbery and the other for the interstate transportation of a stolen motor vehicle. In 1976 the United States District Court voided the conviction for interstate transportation of a stolen motor vehicle. Thereafter, in August, 1976, appellant filed an original application for…