Ex Parte Easter

OPINION

KEITH, Commissioner.

This is a post-conviction habeas corpus proceeding . brought under Article 11.07, Sec. 2, Vernon’s Ann. C.C.P. (Supp.1980), in which petitioner seeks his release from con finement in the Texas Department of Corrections.

Petitioner was convicted under the provisions of V.T.C.A., Penal Code Sec. 19.-02(a)(3), the felony murder statute, for causing the death of Kimberly Easter, his ten-month-old daughter. On direct appeal, his conviction was affirmed. Easter v. State, 536 S.W.2d 223 (Tex.Cr.App.1976). None of the questions now presented were advanced on the direct…