Ex Parte Murillo

OPINION

DOUGLAS, Judge.

This is a post conviction habeas corpus proceeding under Article 11.07, Vernon’s Ann.C.C.P.

Murillo contends that he is illegally confined on a void sentence. On June 5, 1973, he was convicted for the offense of robbery by assault by the use of a firearm under Article 1408 of the former penal code, Vernon’s Ann., which provided, in part, the punishment “ . . . by confinement in the penitentiary for any term of years not less than five years.” A plea of guilty was entered and the court assessed the punishment at life which was not authorized under the statute. He has not…