Ex Parte Mathis

OPINION

VOLLERS, Judge.

This is a post conviction habeas corpus proceeding brought under Article 11.07, V.A.C.C.P.

The petitioner was convicted upon his plea of guilty of the offense of credit card abuse. Two prior felonies had been alleged by the State for enhancement purposes but before the trial the State moved to dismiss the third paragraph, and petitioner, upon his plea of guilty, was sentenced to confinement for twenty years. Petitioner thereafter waived his right to appeal.

Petitioner now alleges that the indictment which underlies his conviction is fundamentally defective for failure of…