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ROGERS v. LYNAUGH

No. 87-6011.

848 F.2d 606 (1988)

Zackary ROGERS, Petitioner-Appellee, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 30, 1988.

Attorney(s) appearing for the Case

Margaret Portman Griffey, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellant.

Zackary Rogers, Groves, Tex., pro se.

Before VAN GRAAFEILAND, JOHNSON, and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge:

The State appeals from a judgment of the district court granting a writ of habeas corpus in this 28 U.S.C. § 2254 case. We affirm.

I. Facts and Procedural History

Petitioner Zackary Rogers was found guilty in Texas state court under section 29.02 of the Texas Penal Code of the second degree felony of robbery committed in 1983. For second degree felony, section 12.33 of the Texas Penal Code specified as punishment...

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