Black v. Caldwell

Gunter, Justice.

These three habeas corpus appeals raise related and difficult issues.

In No. 28353, Black was indicted and convicted of theft of a motor vehicle, the crime having occurred on September 24, 1971. The indictment did not charge him with any prior convictions. However, at the sentencing phase of the trial pursuant to our two-step felony procedure, evidence was introduced showing prior convictions, and the jury returned a sentence of twenty years. See Code Ann. § 26-1813 (b). Black’s contention in the habeas corpus court and here is that the twenty-year sentence was invalid, because…