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JOHNSTON v. ESTELLE

No. 75-3599.

548 F.2d 1238 (1977)

Randolph Wayne JOHNSTON, Petitioner-Appellant, v. W. J. ESTELLE, Director Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 18, 1977.

Attorney(s) appearing for the Case

Randolph Wayne Johnston, Pro Se.

Thomas T. Chamberlain, Jr., Fort Worth, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Patrick P. Rogers, Asst. Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and HILL and FAY, Circuit Judges.

JAMES C. HILL, Circuit Judge:

From the judgment of the District Court for the Northern District of Texas denying, without an evidentiary hearing, his 28 U.S.C.A. § 2254 habeas corpus petition, Randolph Wayne Johnston appeals to this Court.

On January 7, 1954, petitioner, represented by retained counsel, entered pleas of guilty in the 29th Judicial District Court, Hood County, Texas to three counts of burglary and to one count of felony theft. Johnston...

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