Ex Parte Barnes

547 S.W.2d 631 (1977)

Ex parte Rickey Van Buren BARNES.

No. 53933.

Court of Criminal Appeals of Texas.

March 9, 1977.

Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is a post-conviction habeas corpus proceeding brought under the provisions of Art. 11.07, Vernon's Ann.C.C.P., in which petitioner sought to set aside his felony conviction in Cause No. 6967 in the 213th Judicial District Court of Tarrant County. The convicting court has recommended that relief be granted and we agree.

On October 4, 1976, the petitioner…