Pete Vardas v. W.J. Estelle, Jr., Director, Texas Department of Corrections

THORNBERRY, Circuit Judge:

Petitioner Pete Vardas is serving a life sentence in the Texas Penitentiary for robbery by assault enhanced by a prior conviction for robbery by assault. The issues he raises in his petition were exhausted by a direct appeal from his conviction in the Texas Court of Criminal Appeals. His petition for habeas corpus under 28 U.S.C. § 2254 makes six averments of constitutional error. They were denied by the district court, and he is before this Court on timely appeal.

Vardas was originally indicted in 1966 on three counts. Count I charged the offense of robbery by…