Hern v. State

OPINION ON MOTION FOR REHEARING

O’CONNOR, Justice.

We grant the State’s motion for rehearing, withdraw our earlier opinion, 1 and substitute the following opinion in its stead. The appel lant, Robert William Hern, appeals the trial court’s denial of habeas corpus relief.

On May 14, 1992, the State charged the appellant, Robert William Hern, by indictment with the offense of theft of a firearm over $400. We shall refer to this as the first indictment.

On July 2, 1992, the appellant signed a plea agreement in which he agreed to plead guilty to the offense of “theft of firearm over $400 w/ one enh.”…