Ex Parte Cravens

OPINION

BAIRD, Judge.

This is a post-conviction application for a writ of habeas corpus filed pursuant to Tex.Code Crim.Proc.Ann. art. 11.07.

Applicant was convicted by a jury of two counts of rape of a child pursuant to former Tex.Penal Code Ann. § 21.09. 1 The court assessed punishment for each offense at twelve years confinement. The conviction was affirmed on direct appeal 2 .

Applicant contends he was unlawfully convicted of more than one non-property offense in a single indictment. 3 Under the law in effect at the time the offenses were committed, it was fundamental error for the State to…