Marvin Niles Stubblefield v. Dr. George J. Beto, Director, Texas Department of Corrections

The question presented on this appeal from the denial of a petition for the writ of habeas corpus arises in an unusual context. Appellant is serving a life sentence by virtue of his third conviction of a felony less than capital. The third conviction was for burglary with the sentence having been enhanced to life on the basis of two prior felony convictions. See Art. 63, Texas Penal Code. The life sentence was imposed in 1959. The two prior felony convictions were for burglary in 1955 and for driving while intoxicated in 1950. This latter offense was deemed a felony under Texas law because of…