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GOMEZ v. COLLINS

No. 92-2162.

993 F.2d 96 (1993)

Juan A. GOMEZ, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 14, 1993.

Attorney(s) appearing for the Case

Juan A. Gomez, pro se.

Andrea L. March, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, TX, for respondent-appellee.

Before JOLLY and DAVIS, Circuit Judges, BRAMLETTE, District Judge.

BRAMLETTE, District Judge:

A lawfully empaneled grand jury indicted Juan Gomez for the delivery of a controlled substance (cocaine), enhanced by two prior convictions, one for auto theft and one for possession of cocaine. He is currently serving an 80-year sentence in a Texas state prison after a jury found him guilty. In a separate sentencing proceeding following trial, the same Texas state jury enhanced Gomez's punishment based upon the two prior

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