No. 77-3430.

587 F.2d 695 (1979)

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

United States Court of Appeals, Fifth Circuit.

January 10, 1979.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Dunklin Sullivan, Randy E. Drewett, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Richard A. Dawson, Staff Counsel for Inmates, Texas Dept. of Corr., Sugar Land, Tex., for petitioner-appellee.

Before GEWIN, RONEY and GEE, Circuit Judges.

GEE, Circuit Judge:

The director of the Texas Department of Corrections appeals from a judgment granting habeas corpus relief to petitioner Alonzo Thomas. Petitioner was convicted in Texas state court of felony theft, and his sentence was enhanced to life imprisonment by the terms of that state's habitual offender statute.1 The lower court granted habeas relief without a hearing, finding that it was "virtually certain" that the enhancement...

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