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GOMEZ v. BETO

No. 72-1671 Summary Calendar.

462 F.2d 596 (1972)

Joe Cisneros GOMEZ, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department Of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 14, 1972.

Attorney(s) appearing for the Case

Joe C. Gomez, pro se.

Crawford C. Martin, Atty. Gen., Lonny F. Zwiener, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

Joe Cisneros Gomez, a prisoner of the State of Texas, has appealed from the district court's denial of his petition for habeas corpus relief. We reverse and remand.

The appellant is attacking a life sentence which he received in Criminal District Court No. 3 of Harris County, Texas. He was convicted upon trial by jury of burglary, with two prior felony convictions alleged for enhancement of sentence. The appellant received the mandatory recidivist...

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