Ex Parte Shivers

OPINION ON STATE’S MOTION FOR REHEARING

GREEN, Commissioner.

The State’s motion for rehearing, filed with leave of the Court, alleges that the Court erred in remanding this cause to the trial court for another trial. The State, for the first time, takes the position that if petitioner is entitled to any relief it is that petitioner’s sentence should be reformed to confinement in the Department of Corrections for a term of twelve years, the maximum sentence under Article 62, Vernon’s Ann.P.C., for the offense of burglary with intent to commit theft.

The indictment in the case alleged the primary…