Albert Zales v. C. Murray Henderson, Warden, Louisiana State Penitentiary

JOHN R. BROWN, Chief Judge:

In this habeas corpus appeal, Petitioner asserts that invalid, pre-Gideon convictions were used to enhance his sentence, contrary to the dictates of Burgett v. Texas, 1967, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319. Believing that a guilty plea to the habitual offender-enhancement charge forecloses his right to make this contention, we affirm.

In Burgett the Supreme Court held that “to permit a conviction obtained in violation of Gideon v. Wainwright [372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799] to be used against a person either to support guilt or enhance punishment…