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WEBSTER v. ESTELLE

No. 74-2316.

505 F.2d 926 (1974)

Robert WEBSTER, Petitioner-Appellee, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 26, 1974.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Larry F. York, Ben M. Harrison, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Joe D. Clayton, Tyler, Tex. (Court-appointed), for petitioner-appellee.

Before BROWN, Chief Judge, and AINSWORTH and DYER, Circuit Judges.

AINSWORTH, Circuit Judge:

W. J. Estelle, Director of the Texas Department of Corrections, appeals from the granting of habeas corpus to petitioner Robert Webster. Petitioner was convicted of theft in Texas in 1968. At his punishment hearing the state court applied the Texas Habitual Criminal Act1 to set his sentence at life imprisonment. One of the offenses submitted to the court as a basis for...

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