Ex Parte McLain

OPINION

OVERSTREET, Judge.

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Art. 11.07, V.A.C.C.P.

A jury convicted applicant of voluntary manslaughter. Punishment was assessed by the jury at twenty (20) years. In response to a special issue submitted by the court, the jury found applicant used or exhibited a deadly weapon during the commission of the offense. Applicant’s conviction was affirmed on direct appeal. McLain v. State, No. 12-90-00042-CR (Tex.App.—Tyler, delivered July 10, 1992, pet. ref'd).

The record reflects applicant and his…