Ex Parte Nichols

OPINION

ONION, Presiding Judge.

This is a post-conviction habeas corpus proceeding instituted under the provisions of Article 11.07, V.A.C.C.P.

In 1973 petitioner was convicted by a jury for the primary offense of robbery by assault. At the punishment phase of the trial, the jury found that, prior to the commission of the primary offense, petitioner had been convicted of the offense of robbery with firearms in Cause No. 21,450 in the District Court of Tulsa County, Oklahoma, on November 12, 1965. Petitioner appealed his conviction to this court. The judgment of the trial court was affirmed.…