TASCO v. BUTLER

No. 87-3154 Summary Calendar.

835 F.2d 1120 (1988)

James TASCO, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 19, 1988.


Attorney(s) appearing for the Case

James Tasco, pro se.

E. Kay Kirkpatrick, Asst. Dist. Atty., Baton Rouge, La., for respondent-appellee.

Before RUBIN, GARWOOD, and JONES, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

In 1981 a jury in the Nineteenth Judicial District of Louisiana convicted James Tasco of felony theft. Shortly after the conviction, the prosecution filed a bill of information under Louisiana's habitual offender statute1 charging Tasco as a third felony offender. The parties dispute whether Tasco's defense counsel ever received a copy of the bill of information.

At a hearing on the bill, the state...

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