John Bradley, 187411 v. Dr. George J. Beto, Director, Texas Department of Corrections

The recidivist petitioner in this habeas corpus appeal asserts that he was deprived of effective assistance of counsel and that prior convictions were unconstitutionally used to enhance his sentence in his latest robbery trial. We affirm.

Petitioner was charged by indictment with the capital felony offense of robbery by assault with firearms, 1 with two prior less-than-capital offenses alleged for purposes of enhancement. Under Texas enhancement statutes such prior less-than-capital felony offenses cannot be so used if the pending charge is a capital offense but can only enhance a conviction…