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DAVIS v. ESTELLE

No. 73-3721.

502 F.2d 523 (1974)

David A. DAVIS, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 3, 1974.

Attorney(s) appearing for the Case

David L. Loving, III, Dallas, Tex. (Court-appointed), for petitioner-appellant.

Robert C. Flowers, Asst. Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Appellant, sentenced by a Texas jury in 1966 to life imprisonment enhanced by two prior felony convictions — one state and one federal, attacks this sentence by habeas corpus on the grounds that both of these underlying prior convictions were constitutionally defective. Because we find the record regarding the 1949 state conviction inadequate to enable us to consider his case properly, we...

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