BARNES v. ESTELLE

No. 75-2189 Summary Calendar.

518 F.2d 182 (1975)

Bobby Darrell BARNES, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Dept. of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

September 2, 1975.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Mark Perlmutter, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Dennis Leight White, Dallas, Tex. (Court-appointed), for petitioner-appellee.

Before WISDOM, BELL and CLARK, Circuit Judges:


PER CURIAM:

The district court granted habeas corpus relief to Barnes based upon the introduction at his sentencing of three invalid misdemeanor convictions. Finding the error harmless, we reverse.

Barnes was convicted in state court of robbery. He received a fifty year sentence, after a hearing at which evidence of the following convictions and sentences was introduced without objection: 1) Burglary, three years; 2) Felony theft, three years; 3) Robbery...

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