Ex Parte Banks

OPINION ON APPELLANT’S MOTION FOR REHEARING

MILLER, Judge.

This is a rehearing on application for writ of habeas corpus pursuant to the provisions of Art. 11.07, V.A.C.C.P. Applicant was convicted of the offense of capital murder and punishment was assessed at death. V.T.C.A. Penal Code, § 19.03. This Court affirmed applicant’s conviction on direct appeal. Banks v. State, 643 S.W.2d 129 (Tex.Cr.App.1983), cert. denied, 464 U.S. 904, 104 S.Ct. 259, 78 L.Ed.2d 244 (1983). Applicant was granted a stay of execution on January 3, 1984, pending ha-beas corpus pursuant to Art. 11.07, supra. On…