Ex Parte Gibson

800 S.W.2d 548 (1990)

Ex parte David Wayne GIBSON.

No. 70723.

Court of Criminal Appeals of Texas, En Banc.

November 21, 1990.

Randy Farrar, Huntsville, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

MILLER, Judge.

Applicant was convicted of the offense of retaliation upon his guilty plea. V.T.C.A. Penal Code § 36.06. His punishment, enhanced by two prior convictions, was assessed by the trial court at forty years confinement in the Texas Department of Corrections.[1] Applicant did not appeal this conviction.

In his writ application, submitted to…