Ex Parte Herrera

OPINION

ONION, Presiding Judge.

This is a post conviction habeas corpus proceeding brought under the provisions of Article 11.07, Vernon’s Ann.C.C.P., by an inmate of the Texas Department of Corrections. See Ex parte Young, 418 S.W.2d 824 (Tex.Cr.App.l967).

The record reflects that the petitioner was convicted in 1969 of the primary offense of possession of heroin in the 147th District Court and his punishment, enhanced under the provisions of Article 63, Vernon’s Ann.P.C., was assessed at life. His conviction was affirmed in Herrera v. State, 462 S.W.2d 597 (Tex.Cr.App.1971).

Upon an evidentiary…