Ex Parte Brown

158 S.W.3d 449 (2005)

Ex Parte James Otis BROWN, Applicant.

No. AP-73932.

Court of Criminal Appeals of Texas, En Banc.

January 12, 2005.

Rehearing Denied March 23, 2005.

John Tatum, Richardson, for appellant.

Kathi Drew, Assist. DA, Dallas, Matthew Paul, State's Attorney, Austin, for State of Texas.

Before the court en banc.

OPINION

In this post-conviction application for a writ of habeas corpus, applicant asserts that Judge Baraka, the original trial court judge, violated his right to due process because he refused to consider the full range of punishment at the hearing on the State's motion to…