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KELLEY v. ESTELLE

No. 75-2034. Summary Calendar.

521 F.2d 238 (1975)

Willis C. KELLEY, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 1975.

Attorney(s) appearing for the Case

George A. Scharmen, II, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., for petitioner-appellant; Willis C. Kelley, pro se.

Calvin Botley, Asst. Atty. Gen., John L. Hill, Atty. Gen., Houston, Tex., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

Petitioner Willis C. Kelley appeals from the district court's denial of federal habeas corpus relief. After pleading not guilty at his trial in February, 1965, in the Harris County, Texas, Criminal District Court, Kelley was convicted of the nighttime robbery of a Houston gas station. The jury imposed a life sentence pursuant to the then existing version of the Texas habitual offender statute. Tex.Pen.Code Ann. art. 12.42 (1974), amending...

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