Ex Parte Voelkel

OPINION

ONION, Presiding Judge.

This is a post-conviction application for writ of habeas corpus in which the petitioner, an inmate of the Texas Department of Corrections, seeks to set aside an order cumulating sentences. The relief prayed for by petitioner was denied by the convicting court without a hearing for what that court perceived to be the failure of petitioner’s application to state sworn facts which, if believed, would entitle him to relief.

The record reflects that petitioner was convicted in the 174th District Court of Harris County of embezzlement on October 18, 1971, in Cause No.…