CRUZ v. BETO

No. 24817.

391 F.2d 235 (1968)

Fred Arispe CRUZ, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

March 15, 1968.


Attorney(s) appearing for the Case

Will Gray, Houston, Tex., for appellant.

Lonny F. Zwiener, Robert E. Owen, Asst. Attys. Gen., Austin, Tex., for appellee.

Before RIVES, GEWIN and THORNBERRY, Circuit Judges.


PER CURIAM:

Appellant was convicted in separate trials in state court on separate charges of the felony offense of robbery by assault. In both he plead not guilty, was tried before a jury and convicted. His first sentence on September 23, 1960, was set at five to fifteen years and was affirmed on appeal. Cruz v. State, 170 Tex.Cr.R. 611, 343 S.W.2d 457. His second sentence imposed on March 16, 1961, was set at five to thirty-five...

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