GODFREY v. DRETKE

No. 03-21139.

396 F.3d 681 (2005)

Mark David GODFREY, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 24, 2005.


Attorney(s) appearing for the Case

Mark David Godfrey, Tennessee Colony, TX, pro se.

Jane Madeleine Garry, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

In 1998, Mark Godfrey was convicted of burglary of a habitation and was sentenced to fifty years' imprisonment. His sentence was enhanced by expired convictions from 1982 and 1991 (together, the "expired convictions"). In December 2000 he filed a state application for postconviction relief, alleging that the 1998 conviction was erroneously enhanced by the expired convictions. The Texas Court of Criminal Appeals ("TCCA") rejected that...

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