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RUMMEL v. ESTELLE

No. SA-76-CA-20.

498 F.Supp. 793 (1980)

William James RUMMEL v. W. J. ESTELLE, Director, Texas Department of Corrections.

United States District Court, W. D. Texas, San Antonio Division.

October 3, 1980.

Attorney(s) appearing for the Case

Scott Atlas, Vinson & Elkins, Austin, Tex., for plaintiff.

Douglas Becker, Asst. Atty. Gen., Austin, Tex., for defendant.

ORDER GRANTING APPLICATION FOR WRIT OF HABEAS CORPUS

SUTTLE, District Judge.

William James Rummel is serving a life sentence on his state court conviction of theft by false pretext of a $120.75 check. Two prior convictions were alleged in the indictment for enhancement, so that upon conviction by a jury, he was assessed the mandatory life sentence prescribed in Article 63 of the Texas Penal Code of 1925.

After exhausting his state remedies, Rummel...

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