THOMAS v. COLLINS

No. 90-1022.

919 F.2d 333 (1990)

Emanuel Vincent THOMAS, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 25, 1991.


Attorney(s) appearing for the Case

Robert J. Clary, Stanley R. Huller (Court-appointed), Dallas, Tex., for petitioner-appellant.

S. Michael Bozarth, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before GOLDBERG, KING, and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge.

Appellant Thomas requests that the judgment and order of the district court be vacated and his application for writ of habeas corpus be granted. We affirm.

Thomas pleaded guilty to three charges. He was found guilty on two and received concurrent jail sentences. No finding of guilt was made on the third charge, and Thomas was placed on deferred adjudication probation. The convictions were appealed to and affirmed by the Texas Court...

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