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WATKINS v. ESTELLE

No. 75-3598 Summary Calendar.

527 F.2d 1336 (1976)

Edward WATKINS, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 5, 1976.

Attorney(s) appearing for the Case

Ray J. McQuary, Texas Dept. of Corrections, Darrington Unit, Rosharon, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Austin, Tex., W. Barton Boling, Asst. Atty. Gen., El Paso, Tex., for respondent-appellee.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.

PER CURIAM:

Petitioner was convicted upon his plea of guilty of murder with malice in Texas state court and received a fifty-year sentence. Before seeking relief in Federal court, petitioner sought habeas corpus before the Court of Criminal Appeals of Texas. In state court, petitioner alleged that before a guilty plea could be accepted the district attorney had to affirmatively state in writing that the prosecution would not seek the death penalty. Contending that...

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