RUIZ v. BETO

No. 29097 Summary Calendar.

433 F.2d 1368 (1970)

David Sustaita RUIZ, Plaintiff-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 1970.


Attorney(s) appearing for the Case

David Sustaita Ruiz, pro se.

Crawford C. Martin, Atty. Gen. of Tex., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Robert Darden, Roland Daniel Green, III, Asst. Attys. Gen., Austin, Tex., for defendant-appellee.

Before GEWIN, GOLDBERG, and DYER, Circuit Judges.


PER CURIAM:

This is an appeal by a Texas prisoner, David Sustaita Ruiz, from the denial of his habeas corpus petition on the basis of the state court record, 28 U.S.C. § 2254. We affirm.

In the present proceedings Ruiz attacks the validity of a 1958 Texas conviction for robbery by assault. This conviction was subsequently used to enhance the sentence in another conviction which appellant is presently serving. Ruiz contends that the 1958 conviction is...

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