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Petitioners were convicted , and their convictions were upheld on appeal . Counsel 's misunderstanding of the law concerning defendant 's prior convictions and the circumstances under which the defendant could plead the Fifth Amendment were his only apparent errors . Armstead , 48 , who has up to 20 prior felony convictions , was also charged today with one count of unlawful possession of a firearm in the first degree . Improprieties of police - unsatisfactory matters regarding prosecution - antecedents incorrect - long period of custody before appellant brought before court - erroneous statements provided when bail refused - long delay between charge & sentence - wrong charge brought - decision to proceed summarily despite high degree of criminality - convictions amounted to miscarriage .