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MADELEY v. KERN

No. 73-1883. Summary Calendar.

488 F.2d 865 (1974)

Reggie Clayton MADELEY, Petitioner-Appellant, v. C. V. KERN, Sheriff of Harris County, and the State of Texas, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 28, 1974.

Attorney(s) appearing for the Case

Reggie C. Madeley, pro se.

Joe Moss, Asst. Dist. Atty., Houston, Tex., for C. V. Kern.

Lange Baker, Asst. Atty. Gen., Austin, Tex., for state of Tex.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

Following a jury trial in state court, Reggie Clayton Madeley was convicted of burglary with intent to commit theft. Because of three prior felony convictions, he was sentenced to life imprisonment under an enhancement count, Vernon's Tex.Penal Code Ann. art. 63 (1953). On direct appeal the Texas Court of Criminal Appeals affirmed the conviction, Madeley v. State, 488 S.W.2d 416 (1972).

Madeley then filed a petition...

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