James Faldon Turnbow v. W. J. Estelle, Jr., Director, Texas Department of Corrections

GEWIN, Circuit Judge:

This appeal marks the third time that this court has considered the contentions of appellant James Faldón Turnbow in his efforts to secure the relief afforded by the writ of habeas corpus. Turnbow was convicted of rape on July 18, 1957; the trial jury set his punishment at ninety-nine years confinement. When the trial judge formally sentenced him two weeks later, neither of his court-appointed attorneys was present. He did not appeal from the judgment of conviction. Finding merit in his contention on the instant appeal, we vacate the order of the district court and remand.