Ex parte Giacona

OPINION

MORRISON, Judge.

This is an original application for writ of habeas corpus. Petitioner seeks relief from confinement in the Texas Department of Corrections, where he is serving a life sentence.

On April 7, 1965, a Nueces County jury found petitioner guilty of unlawful possession of a narcotic drug, to-wit: marihuana, in Cause No. 11847. They further found that petitioner had been previously convicted of two felonies less than capital which were alleged in the indictment for the purpose of enhancement of punishment. The court entered judgment and sentence confining petitioner to the…