Donnie Lynn Swanson v. W. J. Estelle, Director, Texas Department of Corrections, Respondent

523 F.2d 1250, 1975 U.S. App. LEXIS 11798

Opinion

PER CURIAM:

The district court’s grant of petitioner’s application for writ of habeas corpus occurred prior to this Court’s decision in Thomas v. Savage, 513 F.2d 536 (5th Cir. 1975), where we held that the introduction of prior counselless misdemeanor convictions at a subsequent trial could, under appropriate circumstances, constitute harmless error beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Thomas controls the disposition of this case. We have reviewed the record in this case and have concluded that the use of the misdemeanor convictions was harmless error beyond a reasonable doubt.

Accordingly, the judgment of the district court is reversed and the cause remanded with directions to discharge the writ.

Reversed and Remanded.