Ex Parte Morgan

OPINION

TOM G. DAVIS, Judge.

This is a post-conviction application for writ of habeas corpus pursuant to Art. 11.-07, V.A.C.C.P.

On August 15, 1975, petitioner was convicted in a trial before the court following his plea of guilty of burglary of a building. Punishment was assessed at 10 years, probated. The probation was revoked on July 2, 1980, after the court found that petitioner had violated the conditions of his probation by committing the offenses of driving while intoxicated and public intoxication.

Petitioner maintains he was denied due process of law because the prosecutor who filed the…