FRANKS v. ESTELLE

No. 75-4315.

543 F.2d 567 (1976)

Robert James FRANKS, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 3, 1977.


Attorney(s) appearing for the Case

Wayne H. Paris, Austin, Tex. (Court appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Gilbert J. Pena, Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Chief, Enforce. Div., Austin, Tex., for respondent-appellee.

Before JONES, WISDOM and GODBOLD, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 3, 1977.

PER CURIAM:

This appeal is by a state prisoner whose petition for habeas corpus was denied. When petitioner was sentenced in the Texas State Court Art. 42.03, Tex.Code Crim.Proc. provided that the award of presentence credit was left to the discretion of the trial judge. Later the Texas legislature amended Art. 42.03, effective on August 27, 1973, a few months after petitioner was sentenced, to require...

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