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HOWARD v. BETO

No. 23761.

375 F.2d 441 (1967)

Jesse Frank HOWARD, Appellant, v. Dr. George BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

March 7, 1967.

Attorney(s) appearing for the Case

Wyatt H. Heard, Houston, Tex., for appellant.

Allo B. Crow, Asst. Atty. Gen., Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellee.

Before GEWIN, THORNBERRY and DYER, Circuit Judges.

PER CURIAM.

Appellant Howard was convicted of robbery by assault in the Criminal District Court of Harris County, Texas, in 1947. In 1960 Howard was convicted of robbery, and robbery, second offense, in the Criminal District Court of Dallas County, Texas. Under Article 62 and 1408, Texas Penal Code, upon the second conviction of robbery, sentence is not imposed by the jury but is automatically fixed at life imprisonment.

Howard exhausted his state remedies...

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