Ex Parte Adams

OPINION

McCORMICK, Judge.

This is a post-conviction application for writ of habeas corpus pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted in Cause No. 278, 992 in the 228th District Court of Harris County on September 29, 1978, for the offense of burglary of a habitation with the intent to commit theft. Punishment, enhanced by two prior felony convictions, was assessed at life.

Applicant contends that the indictment in one of the convictions used for enhancement was fundamentally defective. The State agrees but argues that since appellant did not object at trial to the introduction…