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WIGGINGTON v. ESTELLE

No. 73-2315.

488 F.2d 967 (1974)

Charles James WIGGINGTON, Petitioner-Appellant, v. W. J. ESTELLE, Director, TDC, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 1974.

Attorney(s) appearing for the Case

Robert G. Richardson, Staff Counsel, Harry W. Walsh, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

Robert C. Flowers, Thomas M. Pollan, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before COLEMAN, AINSWORTH and GEE, Circuit Judges.

PER CURIAM:

Appellant Wiggington was convicted in 1964 in Dallas County, Texas, State Court in No. E-6120-IJ of burglary and sentenced to life imprisonment, an enhanced penalty under Texas law imposed after proof of two prior convictions, one of which was a burglary conviction in Dallas County, Texas, on April 10, 1951 in No. 5403-B.

In this habeas corpus case the sole question for decision is whether Wigginton was represented by counsel at the time of the...

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