Ex Parte Walton

OPINION

ONION, Presiding Judge.

This post-conviction habeas corpus proceeding was brought under the provisions of Article 11.07, V.A.C.C.P.

Petitioner was originally convicted of robbery, and his punishment was assessed at life imprisonment by virtue of two prior felony convictions alleged and proved. On appeal his conviction was reversed because of a fundamentally defective charge to the jury. See Walton v. State, 575 S.W.2d 25 (Tex.Cr.App.1978).

Following the reversal, the petitioner was indicted for the same conduct with the same prior convictions alleged for enhancement of punishment.…