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SAND v. ESTELLE

No. 76-1603.

559 F.2d 364 (1977)

Charles Edward Sand, Petitioner-Appellee, v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., David M. Kendall, Jr., 1st. Asst. Atty. Gen., John P. Griffin, Joe B. Dibrell, Asst. Attys. Gen., Austin, Tex., W. Barton Boling, Asst. Atty. Gen., El Paso, Tex., Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Donald A. Smyth, Staff Counsel for Inmates, Brazoria, Tex., for petitioner-appellee.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

In 1973 an attorney advising petitioner Charles Edward Sand told him Texas could use two prior felony convictions to enhance his sentence for a theft charge from a 10year-maximum to life. Sand asserts his lawyer was ineffective and his subsequent guilty plea was involuntary because the attorney made no investigation to establish the validity of the prior convictions. A prior opinion of this panel determined Sand would be entitled to a writ of...

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