Ex Parte Ewing

OPINION

ODOM, Judge.

This is a post-conviction writ of habeas corpus filed pursuant to Article 11.07, V.A. C.C.P.

Petitioner was convicted of robbery by assault in a trial before a jury on a plea of not guilty on September 10 and 11, 1974. Punishment was assessed by the court at 10 years, and notice of appeal was given. The conviction was affirmed in Ewing v. State, Tex.Cr.App., 549 S.W.2d 392. A major issue in the appeal, the issue upon which the court was divided, was whether petitioner received effective assistance of counsel at his trial. In that opinion the majority stated:

“[W]e are not in…