DELONEY v. ESTELLE

No. 81-1289.

713 F.2d 1080 (1983)

Clifford Ray DELONEY, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 6, 1983.


Attorney(s) appearing for the Case

Barry Abrams, Houston, Tex., for petitioner-appellant.

Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge.

On October 18, 1976, Clifford Ray Deloney was indicted by the Dallas County grand jury for burglary of a vehicle.1 This charge was "enhanced" by paragraphs charging that Deloney had previously been convicted of two felony offenses. Under Texas law, conviction upon this charge as enhanced carried mandatory life imprisonment.2 On November 22, 1976, Deloney was indicted for forgery...

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