Ex Parte Auten

OPINION

WOODLEY, Presiding Judge.

Petitioner, an inmate of the Texas Department of Corrections, seeks discharge from confinement under life sentence affirmed by this court in Auten v. State, 429 S.W.2d 894.

Hon. Jerome Chamberlain, Judge of Criminal District Court of Dallas County, concluded without a hearing that a prior conviction in Oklahoma for burglary, second degree, was improperly used for enhancement because petitioner was not represented by counsel at the trial. He ordered that the sentenced be reduced from life (Art. 63 P.C.) to 4 years (Art. 62 P.C.) maximum punishment for attempted…