Ex Parte Herron

OPINION ON STATE’S MOTION FOR REHEARING

McCORMICK, Presiding Judge.

This is a post-conviction application for writ of habeas corpus before this Court pursuant to Article 11.07, Y.A.C.C.P.

Applicant, William Herron, Jr., was indicted for aggravated kidnapping. That indictment, in pertinent part, provides that:

“[Applicant] ... on or about December 23, 1983 ... intentionally and knowingly restrain ERMA JEAN TUMER, hereafter styled the Complainant, by using and threatening to use deadly force with intent to prevent the liberation of the Complainant, and with intent to facilitate commission of the…