Labels:book | reckoner | sky | tree OCR: recidivist status at his trial. The trial court, pursuant to controlling statutes, was required 1 find and determine proceeding that had all the "hallmarks trial.' Respondent's status and eligibility for sentence enhance ment The Statc's failure muster the evidencc suffi cient 11 establish the required facts and the state appel- late court's determination of evidentiary insufficiency must bc paproge the samc constitut itional protection as has ways been grantexl verdicts of acquittal. whet her expressed or implied. Green United States, 355 U.S. 184 187- 188 {1957}. The Stato had been granted its one full and fair oppor- tunity to prove Bohlen's status persistent offender Failure produce the cvidcnce justify such finding preclude thetn from second attempt. POINT Because the decision in Boht ...
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