Ex parte Hunter

OPINION

CLINTON, Judge.

In this postconviction habeas corpus proceeding under Article 11.07, V.A.C.C.P. petitioner alleges, the habeas court finds and the record plainly shows that in Cause No. 12,027-A in the 42nd Judicial District Court punishment for the offense of escape utilizing a deadly weapon, to which he had just pleaded guilty, was assessed at confinement for forty years1 — the maximum confinement for this second degree felony being, of course, twenty years, V.T.C.A. Penal Code, §§ 38.07(a) and (d), § 12.33(a). He was given credit for every day beginning January 27, 1977.

The…