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BULLARD v. ESTELLE

No. 80-2187.

665 F.2d 1347 (1982)

Charles Edwin BULLARD, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 20, 1982.

Attorney(s) appearing for the Case

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

Kenneth E. Houp, Jr., Frank Maloney & Assoc., (court-appointed) Austin, Tex., for petitioner-appellee.

Before POLITZ and RANDALL, Circuit Judges, and PARKER, District Judge.

RANDALL, Circuit Judge:

The State of Texas appeals a determination by the district court, 502 F.Supp. 887, on petition for a writ of habeas corpus that Charles Edwin Bullard was placed in double jeopardy in violation of the fifth amendment to the United States Constitution. Subsequent to a conviction for theft, Bullard was subjected to two sentencing proceedings1 to determine if he had committed two...

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