Alonzo Thomas v. W. J. Estelle, Jr., Director, Texas Department of Corrections

GEE, Circuit Judge:

The director of the Texas Department of Corrections appeals from a judgment granting habeas corpus relief to petitioner Alonzo Thomas. Petitioner was convicted in Texas state court of felony theft, and his sentence was enhanced to life imprisonment by the terms of that state’s habitual offender statute.1 The lower court granted habe-as relief without a hearing, finding that it was “virtually certain” that the enhancement paragraphs containing evidence of pe*697titioner’s two prior felony convictions were read to the jury at the outset of the guilt-innocence phase of his…