Rehearing and Rehearing En Banc Denied October 19, 1989.
GARZA, Circuit Judge:
This case presents a novel question in the Fifth Circuit under the Ex Post Facto clause of the United States Constitution. We are convinced that article 37.10(b) of the Tex.Code Crim.Proc., as applied to petitioner Youngblood under the circumstances of this case, violates the Ex Post Facto clause. We therefore REVERSE the district court's decision denying appellant...
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