Everitt v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-10848 Summary Calendar

WILLIE LOUIS EVERITT,

Petitioner-Appellant,

versus

GARY JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Respondent-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:94-CV-539-Y - - - - - - - - - - April 24, 1996

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM:*

Appellant appeals the denial of his petition for writ of

habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner argues

that the state court erred in denying his motion to suppress

evidence; that the evidence was insufficient to support his

conviction for possession of a controlled substance; that the

trial court’s denial of his challenges to two venire members

rendered his trial fundamentally unfair; that his sentence is

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-10848 - 2 -

unlawful because the $10,000 fine was not authorized by Texas

statute; and that the trial court erred in dismissing the jury

before it determined whether appellant committed the theft

offense listed in the enhancement allegation of the indictment.

We have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we affirm for essentially

the reasons adopted by the district court. Everitt v. Johnson,

No. 4:94-CV-539-Y (N.D. Tex. Aug. 30, 1995).

AFFIRMED.