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DeLUNA v. LYNAUGH

No. 88-2613.

873 F.2d 757 (1989)

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

United States Court of Appeals, Fifth Circuit.

April 26, 1989.

Attorney(s) appearing for the Case

Richard Anderson, Dallas, Tex., for petitioner-appellant.

Wm. C. Zapalac, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before POLITZ, WILLIAMS and JONES, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellant, Carlos DeLuna, was convicted of capital murder of a gasoline station clerk during the course of committing a robbery. In a separate punishment proceeding he was sentenced to death. He was convicted in July 1983, and his conviction and sentence were affirmed on direct appeal in the state court. DeLuna v. State, 711 S.W.2d 44 (Tx.Crim.App...

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