Charles Edwin Bullard v. W. J. Estelle, Jr., Director, Texas Department of Corrections

RANDALL, Circuit Judge:

The State of Texas appeals a determination by the district court, 502 F.Supp. 887, on petition for a writ of habeas corpus that Charles Edwin Bullard was placed in double jeopardy in violation of the fifth amendment to the United States Constitution. Subsequent to a conviction for theft, Bul-lard was subjected to two sentencing proceedings 1 to determine if he had committed two prior offenses which would lead to a finding of habitual offender status and to the enhancement, i.e., increase, of his sentence to life imprisonment. 2 The second proceeding was ordered by the…