Opinion
No. 87-1444.
June 2, 1989.
David W. Coody and Emmett Colvin, Bruner, McColl McColloch, Dallas, Tex., for petitioner-appellant.
C. Rex Hall, Jr. and Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.
Appeal from the United States District Court for the Northern District of Texas, Robert W. Porter, District Judge.
Before RUBIN, KING, and WILLIAMS, Circuit Judges.
Considering the answer given by the Texas Court of Criminal Appeals to the question certified to it by this Court in Rubino v. Lynaugh, the case is REMANDED to the United States District Court for the Northern District of Texas with instructions to issue immediately a writ of habeas corpus setting aside the conviction and sentence in cause numbered F-78-8476-IL, thereby discharging the petitioner, George Anthony Rubino, from further confinement thereunder.
849 F.2d 906 (5th Cir. 1988).
The mandate shall issue forthwith.