Lindsey Everett Holloway v. James A. Lynaugh, Director, Texas Department of Corrections

THORNBERRY, Circuit Judge:

Lindsey Everett Holloway was convicted in Texas state court of aggravated robbery in 1979. The jury sentenced him as a repeat offender to ninety-nine years in prison. The district court denied his petition for a writ of habeas corpus. We affirm.

After Holloway was convicted of aggravated robbery in the guilt phase of his trial, the prosecution read to the jury an “enhancement” paragraph from the indictment. The paragraph charged Holloway with a prior felony conviction for robbery in 1971. Under Texas law, a defendant is subject to greater punishment if prior felony…