OLVERA v. BETO

No. 28790.

429 F.2d 131 (1970)

Juan OLVERA, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 1970.


Attorney(s) appearing for the Case

Owen D. Cox, Boone, Davis, Cox & Hale, Corpus Christi, Tex., for petitioner-appellant.

Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Pat Bailey, Executive Asst. Atty. Gen., Robert C. Flowers, Howard M. Fender, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.


GEWIN, Circuit Judge.

Juan Olvera, a Texas prisoner, appeals from the district court's denial of his application for a writ of habeas corpus. He contends that his confinement is a result of an unlawful sentence because constitutionally defective prior convictions were introduced into evidence during the "penalty" stage of his bifurcated state trial.1 The district court denied relief without a hearing. We remand.

On 18 January 1967...

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