Ex Parte Harris

OPINION

DAVIS, Commissioner.

This is a habeas corpus proceeding under Article 11.07, Vernon’s Ann.C.C.P., and in accordance with the holding in Ex parte Young, Tex.Cr.App., 418 S.W.2d 824. The petitioner is confined under sentence in Cause No. 181695, of the 180th District Court of Harris County, on September 5, 1972, ordering his confinement for not less than five years nor more than fifteen years. The punishment assessed was upon conviction under an indictment charging appellant with burglary by the discharge of a firearm into a house. See Article 1393, Vernon’s Ann.P.C. The record reflects…