Donald Bouchillon v. W. J. Estelle, Jr., Director, Texas Department of Corrections

GODBOLD, Circuit Judge:

By this habeas suit appellant attacks a 1946 Texas state conviction used for enhancement. State remedies have been exhausted. Relying on Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), and United States ex rel. Culbreath v. Rundle, 466 F.2d 730 (CA3, 1972), he claims that his 1946 sentence was void because the court did not accept the prosecution’s plea bargain recommendation of a suspended sentence and instead sentenced him to two years’ confinement. Under Texas law, had the suspended sentence been imposed, the conviction could not have been…