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NICHOLS v. ESTELLE

No. 76-3108.

556 F.2d 1330 (1977)

Rush O. NICHOLS, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 6, 1977.

Attorney(s) appearing for the Case

Frank D. Scarborough, Abilene, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Robert E. DeLong, Jr., Asst. Atty. Gen., Austin, Tex., W. Barton Boling, Asst. Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Gilbert Pena, Asst. Attys. Gen., El Paso, Tex., for respondent-appellee.

Before COLEMAN, Circuit Judge, KUNZIG, Associate Judge, and GEE, Circuit Judge.

GEE, Circuit Judge:

Petitioner was convicted in 1973 in Texas state court of robbery by assault1 and was sentenced to life imprisonment under the Texas habitual offender statute.2 He here alleges that the state improperly relied on a 1965 Oklahoma conviction to enhance his sentence for three reasons: (1) he was denied counsel on appeal from that conviction; (2) Texas...

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