Ex Parte Roberts

OPINION

ONION, Presiding Judge.

This is a post-conviction habeas corpus proceeding brought under the provisions of Article 11.07, Vernon’s Ann.C.C.P.

The record reflects that petitioner was convicted of the offense of wilfully and mischievously injuring personal property on October 4, 1970, in the Third Judicial District Court of Henderson County. His punishment was assessed at ten (10) years, probated. On August 18, 1971, his probation was revoked and he was sentenced to ten (10) years in the Department of Corrections.

Petitioner subsequently filed a post-conviction habeas corpus application in…