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BROWN v. ESTELLE

No. 78-2672. Summary Calendar.

591 F.2d 1207 (1979)

Walter Lee BROWN, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 21, 1979.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Gilbert J. Pena, David M. Kendall, Jr., Joe B. Dibrell, Asst. Attys. Gen., Austin, Tex., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Tex., for respondent-appellant.

Richard A. Dawson, Staff Counsel for Inmates, Sugar Land, Tex., for petitioner-appellee.

Before COLEMAN, FAY and RUBIN, Circuit Judges.

PER CURIAM:

For the reasons set forth by the trial court in its opinion, Brown v. Estelle, S.D.Tex. 1978, the trial court's grant of a writ of habeas corpus is affirmed.

It appears that, under Texas law, an error in sentencing proceedings before a jury requires the state Appellate Court to reverse the entire conviction, not merely to remand for resentencing. Tex.Code Crim.Pro. Art. 44.24(b); Bullard v. State, Tex.Cr.App.1977,

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