Ex Parte Winfrey

OPINION

ROBERTS, Judge.

This is a post-conviction application for a writ of habeas corpus. The convicting court has made the following findings of fact and conclusions of law:

“FINDINGS OF FACT

1. The Petitioner 1 was convicted upon his plea of not guilty to the felony offense of murder [with malice] and was sentenced to Life in the Texas Department of Corrections. * * * * * *

3. Prior to trial, a hearing was held to determine whether Petitioner was competent to stand trial.

4. At the conclusion of the competency hearing the jury was given the following instructions to determine Petitioner’s…