Manuel Zambrano v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Appellant, represented by court-appointed counsel, was convicted by a jury of rape and sentenced to fifty years imprisonment. The conviction was affirmed in Zambrano v. State, 478 S.W.2d 500 (Tex.Cr.App., 1972).

In his habeas petition appellant raised grounds for relief which had been presented on direct appeal. He contended that after a jury had been impanelled to try him and two co-defendants, one of the co-defendants, Castillo, entered a plea of guilty in the jury’s presence. Appellant moved for a mistrial, which was denied. Castillo moved for a severance, which was denied. The appellant…