Ex Parte Winton

OPINION

ODOM, Judge.

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

*752On July 9, 1975, petitioner pleaded guilty to burglary and punishment was assessed at twenty years. No appeal was taken.

Petitioner contends inter alia that the. indictment is fundamentally defective. The indictment alleges in pertinent part that he

“did then and there enter a building without the effective consent of Gary Minshew, the owner, and therein attempted to commit and committed theft.

Petitioner attacks this indictment for failure to allege a culpable mental state.

It is…