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ELLIS v. LYNAUGH

No. 88-1147.

883 F.2d 363 (1989)

Billy Gerald ELLIS, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 18, 1989.

Attorney(s) appearing for the Case

Beth D. Bradley and Richard S. Geiger, court appointed, Dallas, Tex., for petitioner-appellant.

David B. Fannin, Asst. Atty. Gen. and Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before GARZA, REAVLEY and POLITZ, Circuit Judges.

GARZA, Circuit Judge:

Billy Gerald Ellis ("Ellis") was convicted by a jury of first-degree felony burglary of a habitation, in January of 1983. At the punishment phase of trial, Ellis pled "true" to two prior felony convictions alleged for enhancement, and his punishment was assessed at life imprisonment in the Texas Department of Corrections. Alleging that one of the prior felony convictions is constitutionally infirm, and that his plea of "true" was involuntary...

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