Gibbs v. State

SWANSTROM, Judge.

Melton Gibbs is serving a lengthy sentence in the state of Texas following his conviction there of the crime of rape. He contends that this sentence was enhanced under Texas law because he had a previous conviction of rape in Bingham County, Idaho, more than thirty years ago. Hoping to get his Texas sentence reduced, Gibbs has filed an application for a writ of habeas corpus in Bingham County. He seeks to set aside his former conviction on the ground that it was based upon a guilty plea entered without a knowing and intelligent waiver of rights.

In the district court Gibbs’…