JIMINEZ v. ESTELLE

No. 76-3128.

557 F.2d 506 (1977)

Pablo Ramos JIMINEZ, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1977.


Attorney(s) appearing for the Case

C. David Evans, Allen F. Cazier, San Antonio, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Walter C. Prentice, Asst. Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before TUTTLE, GOLDBERG and CLARK, Circuit Judges.


TUTTLE, Circuit Judge:

The appellant here seeks a reversal of the judgment of the district court denying habeas corpus relief from an alleged illegal twenty-year sentence which was determined by the jury after hearing evidence of prior convictions under the Texas Enhancement Statute. The state relies upon its rule that unless a defendant contemporaneously objects to the introduction of evidence against him on the very ground on which he later seeks relief on appeal...

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