Ex parte Joseph

OPINION

WOODLEY, Presiding Judge.

This is a habeas corpus proceeding attacking the conviction with sentence of 99 years, affirmed by the majority opinion of this court in Joseph v. State, 367 S.W.2d 330.

In Ex parte Davis, 412 S.W.2d 46, this court on rehearing held that Art. 62, Vernon’s Ann.P.C. does not apply where the statute fails to provide a maximum term or a life term as punishment for the primary offense, and overruled Joseph v. State, supra, and other cases to the extent of any conflict.

*679The 99 year sentence petitioner is serving was not assessed by the jury but was erroneously…