Ex Parte Elizalde

OPINION

ON STATE’S MOTION FOR REHEARING

ROBERTS, Judge.

The State’s motion for rehearing is granted, and our prior opinion is withdrawn.

The applicant was convicted by a jury in 1976 of the offense of burglary of a habitation, Cause No. 76-CR-107E, and assessed a sentence of life imprisonment pursuant to V.T.C.A., Penal Code, Sec. 12.42(d). An appeal of that conviction was affirmed in our per curiam opinion No. 54,379. The applicant then filed, in the trial court, an application for writ of habeas corpus on which we ordered an evidentiary hearing.

The convicting court has held that evi-dentiary…