Ex Parte Santellana

OPINION

ONION, Presiding Judge.

This is an application for post-conviction habeas corpus relief under Article 11.07, V.A.C.C.P.

Petitioner alleges the indictment upon which he was convicted of aggravated robbery was fundamentally defective for failure to allege the necessary element of a culpable mental state. See and cf. Ex parte Winton, 549 S.W.2d 751 (Tex.Cr.App.1977).

And a fundamentally defective indictment may be challenged by way of a post-conviction application for writ of ha-beas corpus. Ex parte Lewis, 544 S.W.2d 430 (Tex.Cr.App.1976).

Omitting the formal parts, the indictment alleges…