TURNBOW v. BETO

No. 72-3777 Summary Calendar.

477 F.2d 1151 (1973)

James Faldon TURNBOW, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 1973.


Attorney(s) appearing for the Case

Richard P. Dambold, Amarillo, Tex. (court appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Lang A. Baker, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


CLARK, Circuit Judge:

On this second appeal from the denial of Turnbow's third federal habeas corpus petition we affirm the district court's finding that Turnbow was adequately advised of his right to appellate counsel. We also affirm the denial of habeas relief on his claim of lack of counsel at sentencing—not on the merits of the claim but rather because the issue has never been presented to the state courts of Texas.

On the first appeal in this case...

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