Johnny R. Martinez v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Martinez sought habeas corpus relief asserting that upon retrial he received a longer sentence than had been imposed on his first trial. The district court, relying on Blackledge v. Perry, 1974, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628, granted the writ. We reverse.

Martinez was indicted in Texas state court for possession of heroin. The indictment contained a count alleging the defendant’s two prior felony convictions, in accordance with the Texas enhancement statute requiring a mandatory life sentence for a twice-convicted felon who is convicted of a third felony. 1 At the suggestion of…