Derwin Bourgeois v. John P. Whitley, Warden, Hunt Correctional Center

E. GRADY JOLLY, Circuit Judge:

Derwin Bourgeois, who is serving a twelve-year state sentence for burglary, appeals the district court’s denial of his habeas corpus petition. He argues that the state court judge who sentenced him for the burglary was improperly influenced by Bourgeois’ two unconstitutional convictions, and that he is entitled to resentencing. We agree.

I

Bourgeois was convicted in 1978 by a six-person jury of three offenses: simple burglary, attempted burglary, and auto theft. The charges all stemmed from a single incident of automobile theft and were tried together in one trial.…