Ex Parte Barnes

OPINION

ONION, Presiding Judge.

This is a post-conviction habeas corpus proceeding brought under the provisions of Art. 11.07, Vernon’s Ann.C.C.P., in which petitioner sought to set aside his felony conviction in Cause No. 6967 in the 213th Judicial District Court of Tarrant County. The convicting court has recommended that relief be granted and we agree.

On October 4, 1976, the petitioner was convicted under an indictment charging him with the offense of attempting to obtain a controlled substance by fraud. The conviction resulted from a guilty plea, and punishment was assessed at imprisonment…