Ex Parte McLemore

This proceeding involves an application for a writ of habeas corpus pursuant to Article 11.07, V.A.C.C.P.

Applicant was indicted for the offense of murder. On May 11, 1983, a jury convicted applicant of voluntary manslaughter and assessed his punishment at twelve years' confinement in the Texas Department of Corrections. Applicant did not appeal his conviction.

Applicant is seeking relief from an affirmative finding by the trial court that he used a deadly weapon during the commission of the offense. That finding affects the amount of time he must serve in confinement before he is eligible for…