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KEMPH v. ESTELLE

No. 79-2565. Summary Calendar.

621 F.2d 162 (1980)

Albert Alan KEMPH, Jr., Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 9, 1980.

Attorney(s) appearing for the Case

Albert Alan Kemph, pro se.

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RONEY, KRAVITCH and TATE, Circuit Judges.

PER CURIAM:

In this habeas corpus case the district court held that petitioner's guilty plea to an enhancement charge constituted a waiver of the constitutional errors he now asserts. We affirm.

Petitioner's 1968 conviction for murder was reversed because of an improper jury argument. Kemph v. State, 464 S.W.2d 112 (Tex.Cr.App.1971). On retrial, the state charged petitioner with assault with a prohibited weapon instead...

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