Ex Parte Richardson

WOODLEY, Judge.

Relator applies for habeas corpus alleging that he is restrained and incarcerated in the penitentiary of Texas and that such restraint is unlawful.

Relator alleges that he was convicted on a plea of • guilty before the court for the offense of robbery with firearms in Cause Number 5440, in the District Court of Hamilton County, Texas, which conviction he alleges is void for two reasons:(1) That the trial court assessed his punishment, a jury being waived, at a term of not less than two years or more than fifteen years in the penitentiary, and therefore such judgment is…