Ex Parte Wilson

OPINION

DALLY, Judge.

This is a post-conviction writ of habeas corpus proceeding.

On May 15,1975, petitioner was convicted for a violation of the Controlled Substances Act, the alleged offense being possession of phentermine. The punishment assessed was imprisonment for five years. On appeal, the contention now presented was not raised and the judgment was affirmed in a per curiam opinion.

Petitioner now contends, and the State in its brief agrees, that he is unlawfully imprisoned for the reason stated in Riddle v. State, 560 S.W.2d 642 (Tex.Cr.App.1977) and Lumberas v. State, 560 S.W.2d 644…