Ex Parte Duran

OPINION

ROBERTS, Judge.

On June 29, 1977, we reversed the applicant’s conviction for possession of heroin. Duran v. State, 552 S.W.2d 840 (Tex.Cr. App.1977). At the applicant’s non-jury trial, it had been stipulated that the contents of an exhibit were heroin, and a chemist’s laboratory report had been admitted by stipulation. The record had not contained the applicant’s written waiver and consent to stipulation, approved by the court, as required by Article 1.15 of the Texas Code of Criminal Procedure. A majority of this Court held: “Since the State did not follow the requirements of Article…