Ex Parte Davila

OPINION

ON STATE’S MOTION FOR REHEARING

ROBERTS, Judge.

In its motion for rehearing the State presents three contentions: that the trial court’s fact-finding as to the complainant’s age is unsupported by the record; that there is insufficient evidence in this record to determine whether the petitioner was entitled to relief; and that by granting relief this Court has, for the first time, allowed a successful collateral attack upon the sufficiency of the evidence. We reject all of these contentions.

Concerning the first two contentions, the State argues that since there was no hearing on this…