George Anthony Rubino v. James A. Lynaugh, Director, Texas Department of Corrections

875 F.2d 452, 1989 U.S. App. LEXIS 7987, 1989 WL 57551

Opinion

PER CURIAM:

Considering the answer given by the Texas Court of Criminal Appeals to the question certified to it by this Court in Rubino v. Lynaugh, 1 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.

The mandate shall issue forthwith.

1 . 849 F.2d 906 (5th Cir.1988).