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ZALES v. HENDERSON

No. 28433.

433 F.2d 20 (1970)

Albert ZALES, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, et al., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 21, 1970.

Attorney(s) appearing for the Case

James D. Davis, Alexandria, for petitioner-appellant.

Jack P. F. Gremillion, Atty. Gen., of Louisiana, Jack E. Yelverton, Asst. Atty. Gen., Edwin O. Ware, Dist. Atty., Ninth Judicial Dist., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In this habeas corpus appeal, Petitioner asserts that invalid, pre-Gideon convictions were used to enhance his sentence, contrary to the dictates of Burgett v. Texas, 1967, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319. Believing that a guilty plea to the habitual offender-enhancement charge forecloses his right to make this contention, we affirm.

In Burgett the Supreme Court held that...

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