Ex parte Madden

OPINION ON STATE’S MOTION FOR REHEARING

CAMPBELL, Judge.

Relief was granted in a Per Curiam Opinion delivered November 3, 1982. 641 S.W.2d 564. We now decide the case on rehearing before the Court en banc. A post-conviction application for writ of habe-as corpus was filed pursuant to Article 11.-07, V.A.C.C.P.

Appellant was convicted of the offense of aggravated robbery in a jury trial in Cause No. F79-11884-RL in the Criminal District Court No. 5 of Dallas County. Punishment, enhanced by a prior conviction, was assessed by the jury at sixteen years. Sentence was pronounced on February 1, ,1980.…