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JUSTICE v. STATE OF TEXAS

No. 75-2615 Summary Calendar.

522 F.2d 1365 (1975)

Hollis Wayne JUSTICE, Petitioner-Appellee, v. STATE OF TEXAS, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 14, 1975.

Attorney(s) appearing for the Case

Paul R. Gavia, Asst. Atty. Gen., John L. Hill, Atty. Gen., Austin, Tex., for respondent-appellant.

John E. Skogland, San Antonio, Tex. (Court-appointed), for petitioner-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges:

PER CURIAM:

This is an appeal by the State of Texas from a district court judgment granting a writ of habeas corpus to Hollis Wayne Justice. We affirm the judgment of the district court.

In a Texas state court in 1970, appellee Justice was convicted on a plea of guilty to a charge of robbery by assault. He was sentenced to 25 years imprisonment, to run concurrently with several other sentences totaling 45 years which he was then serving on state charges in...

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