Robert Earl Breckenridge v. Governor Preston Smith

Fifth Circuit

Robert Earl Breckenridge v. Governor Preston Smith

476 F.2d 288

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 3, 1973

Docket72-3825

StatusPublished

This text of 476 F.2d 288 (Robert Earl Breckenridge v. Governor Preston Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robert Earl Breckenridge v. Governor Preston Smith, 476 F.2d 288 (5th Cir. 1973).

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Opinion

PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a Texas state prisoner for a “declaratory judgment” and for the writ of habeas corpus. We affirm.

Appellant was convicted upon trial by jury of possession of marijuana, a narcotic drug, puruant to Article 725b, Vernon’s Ann.Texas Penal Code. He was sentenced to 18 years imprisonment. In his petition filed below, appellant requested the impanelling of a three-judge court to consider the constitutionality of Article 725b. He urged that the law is constitutionally unsound in that it erroneously classifies marijuana as a narcotic drug and sought to have the crime reduced to misdemeanor status and the penalty reduced in addition to his immediate release.

This Court has previously found Article 725b to be constitutionally sound, rejecting the same arguments which appellant offers. Rener v. Beto, 5th Cir. 1971, 447 F.2d 20. Appellant is not entitled to relief. The judgment below is affirmed.

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PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a Texas state prisoner for a “declaratory judgment” and for the writ of habeas corpus. We affirm.

Appellant was convicted upon trial by jury of possession of marijuana, a narcotic drug, puruant to Article 725b, Vernon’s Ann.Texas Penal Code. He was sentenced to 18 years imprisonment. In his petition filed below, appellant requested the impanelling of a three-judge court to consider the constitutionality of Article 725b. He urged that the law is constitutionally unsound in that it erroneously classifies marijuana as a narcotic drug and sought to have the crime reduced to misdemeanor status and the penalty reduced in addition to his immediate release.

This Court has previously found Article 725b to be constitutionally sound, rejecting the same arguments which appellant offers. Rener v. Beto, 5th Cir. 1971, 447 F.2d 20. Appellant is not entitled to relief. The judgment below is affirmed.

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476 F.2d 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-earl-breckenridge-v-governor-preston-smith-ca5-1973.

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