Ex Parte Guerrero

OPINION

ROBERTS, Judge.

This is a habeas corpus hearing in the 197th District Court under Art. 11.07, Ver*614non’s Ann.C.C.P., in which the relief requested was recommended to be denied.

Petitioner was convicted of escape from jail on April 24, 1974; the jury assessed punishment at five years’ imprisonment. On the same date, the petitioner waived time for sentencing and was sentenced to not less than two nor more than five years in that cause. Twenty-two days later the petitioner pleaded guilty to a charge of burglary. The State waived the habitual criminal allegation and petitioner was assessed…