Ex parte Garcia

I concur in the result reached in denying relief but for different reasons.

*953The State relied upon a conviction obtained under 18 U.S.C.A.App. Section 1202(a) to enhance petitioner’s punishment to life. The dissent would grant petitioner relief on the basis that the indictment in that cause was fundamentally defective and that, as a result, the State failed to prove the prior federal conviction was valid.

It is not within the province of this Court to pass upon the validity of federal indictments. In essence, petitioner is collaterally attacking the validity of the federal conviction in the…