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CAPUCHINO v. ESTELLE

No. 74-1689.

506 F.2d 440 (1975)

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

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 14, 1975.

Attorney(s) appearing for the Case

William M. Schur, Ft. Worth, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Andrew W. Carruthers, Mark Perlmutter, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BELL, AINSWORTH and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 14, 1975.

PER CURIAM:

Jesse Capuchino was convicted in 1964 by a Texas state jury of possession of narcotics paraphernalia. With two prior non-capital felonies used for enhancement, he received a life sentence pursuant to then Article 63 of the Vernon's Ann. Texas Penal Code (repealed January 1, 1974), now V.T.C.A., Penal Code § 12.42(d). The conviction was affirmed on direct appeal, Capuchino v. State,...

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