Ex Parte Jones

OPINION

ODOM, Judge.

This is a post-conviction habeas corpus application pursuant to Art. 11.07, V.A.C.C.P.

Petitioner was convicted of possession of heroin by a Dallas County jury in September 1971. On appeal his conviction was affirmed by a divided court. Jones v. State, Tex.Cr.App., 496 S.W.2d 566. The issue over which the Court split concerned the application of this portion of Article 40.09(4), V.A.C.C.P.:

“At the request of either party the court reporter shall take shorthand notes of all trial proceedings, including voir dire examination . . . .”

At petitioner’s trial his attorney requested…