Mays v. Estelle

The basis of Lloyd F. Mays’ petition for a writ of habeas corpus is that his Texas trial court erroneously permitted the introduction of a 1960 felony conviction during the penalty stage of his 1971 bifurcated trial for the felony offense of burglary. As a result of the 1960 conviction, Mays had been placed on probation. Under Texas law, a probated sentence is not a final judgment or conviction that can be used under the Texas enhancement statute. Davis v. Estelle, 502 F.2d 523 (5th Cir. 1974); White v. Texas, 171 Tex.Cr.R. 683, 353 S.W.2d 229 (1961). See Article 62, Vernon’s Ann. Texas Penal…