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EHL v. ESTELLE

No. 80-1310.

656 F.2d 166 (1981)

James Edward EHL, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

September 14, 1981.

Attorney(s) appearing for the Case

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

George Whittenburg (Court-appointed), David Christopher Mullin, Amarillo, Tex., for petitioner-appellee.

Before BROWN, WISDOM and RANDALL, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

I.

Appellant James Edward Ehl (or Ehl) was first indicted in the Texas Court on December 30, 1975, for passing a forged instrument. While he was awaiting trial on this charge, Ehl was charged with the felony offense of escape from jail. Faced with the status of an habitual offender which carries with it an automatic sentence of life imprisonment, plea bargaining ensued. In exchange for the prosecutor's agreement not to seek...

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