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RUBINO v. LYNAUGH

No. 70363.

770 S.W.2d 802 (1989)

George Anthony RUBINO, Petitioner, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent.

Court of Criminal Appeals of Texas, En Banc.

April 26, 1989.

Attorney(s) appearing for the Case

Emmett Colvin, David W. Coody, Dallas, for petitioner.

Jim Mattox, Atty. Gen. and Mary F. Keller, F. Scott McCown, Louis McCreary, Michael P. Hodge and C. Rex Hall, Asst. Attys. Gen., Austin, for respondent-appellee.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON CERTIFIED QUESTION FROM THE FIFTH CIRCUIT COURT OF APPEALS

PER CURIAM.

This cause is before us, along with Clay v. Lynaugh, 770 S.W.2d 800 (Tex.Cr.App., delivered this day), on certified question from the United States Court of Appeals for the Fifth Circuit, pursuant to Tex.R. App.Pro., Rule 214. The Fifth Circuit held that this Court's retroactive application of Ex parte McWilliams,

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