Kenneth Stephens v. Donald Wyrick, Warden, Missouri State Penitentiary

ARNOLD, Circuit Judge.

This is an appeal from the District Court’s 1 denial of Kenneth Stephens’s petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.

On September 1,1977, Stephens entered a guilty plea to two counts of armed robbery and was sentenced to two 20-year terms of imprisonment, to run concurrently. At the time of sentencing Stephens also had six years of a sentence left to serve from a previous conviction for armed robbery. Missouri law required that the new 20-year terms be served consecutively to this previous sentence. Mo.Ann.Stat. § 222.020 (repealed January 1,…