Ex Parte Blume

OPINION

W. C. DAVIS, Judge.

This is an application for post-conviction writ of habeas corpus pursuant to Article 11.07, Vernon’s Ann.C.C.P. Petitioner was convicted on August 18, 1978 of felony possession of marihuana and his punishment enhanced1 from a third-degree felony to a second-degree felony by the use of a prior felony conviction in Federal Court. On October 8,1980, this Court remanded petitioner’s application back to the trial court for findings of fact as to whether the federal conviction was indeed used for enhancement. 607 S.W.2d 924 (Tex.Cr.App.). Within this factual determination,…