Holcomb v. State

OPINION

ONION, Presiding Judge.

This is an out-of-time appeal. Appellant’s conviction for robbery by assault with firearms with the punishment assessed at SO years was affirmed by this court in 172 Tex.Cr.R. 294, 356 S.W.2d 670 (1962). Appellant was not represented by appellate counsel.

A post conviction application for writ of habeas corpus was filed pursuant to Article 11.07, Vernon’s Ann.C.C.P. The convicting court found that at the time of the appeal, the appellant, who had been represented by appointed trial counsel, was indigent and did not waive his right to appellate counsel. Although…