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BATES v. ESTELLE

Civ. A. No. 73-H-464.

360 F.Supp. 1278 (1973)

Jerry Lee BATES, Petitioner, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent.

United States District Court, S. D. Texas, Houston Division.

July 10, 1973.

Attorney(s) appearing for the Case

Ray J. McQuary, Staff Counsel for Inmates, Darrington Unit, Rosharon, Tex., for petitioner.

E. Bruce Curry, Asst. Atty. Gen., State of Texas, Austin, Tex., for respondent.

MEMORANDUM AND ORDER

NOEL, District Judge.

Petitioner, a state prisoner, stands convicted of the offense of robbery by assault. The State alleged two prior convictions for the purpose of enhancing punishment. He was sentenced to life in prison. His conviction was affirmed on direct appeal. Bates v. State, 456 S.W.2d 107 (Tex.Crim.App.1970). In his application for state habeas corpus relief, the petitioner alleged that...

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