Ex Parte Drake

OPINION

BAIRD, Judge.

A jury convicted applicant of two counts of attempted capital murder, Tex.Penal Code *214Ann. § 15.01(a), and § 19.03, and assessed punishment at twenty-five years confinement on each count. The trial judge ordered the sentences to run consecutively. Tex.Penal Code Ann. § 12.32. The Court of Appeals affirmed. Drake v. State, No. 10-83-057-CR (Tex.App.—Waco, delivered December 22, 1983) (not published). On petition for discretionary review, we affirmed the judgment of the Court of Appeals in Drake v. State, 686 S.W.2d 935 (Tex.Cr.App.1985) (plurality opinion). However, we…