Ex Parte Moser

OPINION

ROBERTS, Judge.

This petition for habeas corpus relief attacks subsection 3f(b) of the Adult Probation, Parole, and Mandatory Supervision Law (V.A.C.C.P., Article 42.12), which provides:

If there is an affirmative finding that the defendant convicted of a felony of the second degree or higher used or exhibited a firearm during the commission or flight from commission of the offense and the defendant is granted probation, the court may order the defendant confined in the Texas Department of Corrections for not less than 60 and not more than 120 days. At any time after the defendant has…