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HINES v. BETO

No. 72-3200. Summary Calendar.

473 F.2d 1034 (1973)

Merlon S. HINES, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit,

Rehearing and Rehearing Denied March 19, 1973.

Attorney(s) appearing for the Case

Donald L. Kraemer, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

Crawford Martin, Atty. Gen., Thomas M. Pollan, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 19, 1973.

PER CURIAM:

This is an appeal from the denial of federal habeas relief to a Texas state prisoner, Merlon S. Hines, who was convicted of attempted burglary in 1969 and who is currently serving a life sentence imposed pursuant to the Texas habitual offender statute, Vernon's Tex. Penal Code Ann. art. 63. Appellant's conviction was affirmed on direct appeal, Hines v. State of Texas, Tex.Cr. App.1970,

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