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FITCH v. ESTELLE

No. 77-1915.

587 F.2d 773 (1979)

Jerry Wayne FITCH, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 12, 1979.

Attorney(s) appearing for the Case

Jerry Wayne Fitch, pro se.

Patrick Lanius and Michael Tobin, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Austin, Tex., W. Barton Boling, Asst. Atty. Gen., El Paso, Tex., David M. Kendall, Joe B. Dibrell, Barbara M. Barron, Asst. U. S. Attys., Austin, Tex., for respondent-appellee.

Before GEE and VANCE, Circuit Judges, and HUNTER, District Judge.

VANCE, Circuit Judge:

Jerry Wayne Fitch, a man of questionable judgment at best, robbed the Sheriff of Pecos County, Texas on January 11, 1973, and at gunpoint escaped from the Pecos County Jail where he had been lawfully confined. In due course he was recaptured, was indicted for robbery, pleaded guilty and on April 12, 1973, he was sentenced to twenty-five years in the State Department of Corrections.1 No direct appeal was taken.

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