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HERNANDEZ v. ESTELLE

No. 80-2049 Summary Calendar.

674 F.2d 313 (1981)

Frank H. HERNANDEZ, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied November 4, 1981.

Attorney(s) appearing for the Case

Keith W. Burris, Asst. Dist. Atty., San Antonio, Tex., for respondent-appellant.

Frank H. Hernandez, pro se.

Before AINSWORTH, REAVLEY and RANDALL, Circuit Judges.

PER CURIAM:

This is a consolidated appeal by the state from two decisions in the district court granting applications for post-conviction relief under 28 U.S.C. § 2254 filed by Frank Hernandez and Richard Peyton White in which each contested his conviction in state court after a plea of not guilty to the offense of sale of heroin. We affirm the district court.

Hernandez and White were tried separately in state court before a jury, were found guilty and...

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