Ex Parte Sheppard

OPINION

ROBERTS, Judge.

This is an application for writ of habeas corpus filed originally in this Court. For the reasons stated, the writ will be granted and the petitioner ordered released.

On June 30, 1970, a jury convicted petitioner of possession of dangerous drugs in Cause No. CCr-70-1419-b in County Criminal Court No. 2 of Dallas County. The jury then assessed petitioner’s punishment at two years in jail and a fine of three thousand dollars; this was the maximum punishment for a first offender. Art. 726d, Sec. 15, V.A.P.C. (1925). Petitioner was then committed to the Dallas County jail,…