Ex Parte Prophet

OPINION

ONION, Presiding Judge.

This is a post-conviction application for habeas corpus. Petitioner waived trial by jury and was convicted of attempted aggravated rape on May 26,1978. Having found that petitioner had been once previously convicted of a felony, the trial court assessed punishment at ninety-nine (99) years’ imprisonment.

Petitioner’s sole contention is that the indictment under which he was convicted was fundamentally defective because it failed to allege a culpable mental state as required by V.T.C.A., Penal Code, § 6.02, and our decision in Zachery v. State, 552 S.W.2d 136…