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CARTER v. LYNAUGH

No. 86-2990 Summary Calendar.

826 F.2d 408 (1987)

Richard J. CARTER, Petitioner-Appellee, Cross-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 29, 1987.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Daniel Zemann, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellant, cross-appellee.

Richard J. Carter, Jr., Love Lady, Tex., Robert A. Rowland, III, H. Michael Sokolow, Houston, Tex., for petitioner-appellee, cross-appellant.

Before GEE, GARWOOD and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 29, 1987.

PER CURIAM:

In this curious case, Texas appeals from the granting of habeas relief; and we reverse.

In 1979, appellee Carter pleaded guilty to the first-degree felony of aggravated robbery. As the result of a plea bargain, he received a ten-year sentence for that offense. In accordance with the bargain, however, imposition of the sentence was suspended; and Carter was placed upon ten years probation...

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