Ex Parte Vivier

OPINION

This is an application for writ of habeas corpus pursuant to Art. 11.07, V.A.C.C.P. Applicant pled guilty and was convicted of rape in Jefferson County. The court assessed punishment at 25 years in the Texas Department of Corrections. No appeal was taken.

The applicant now contends that the trial court did not have jurisdiction in this case because the trial judge was related to him within the third degree of consanguinity in violation of Art. V, Sec. 11 of the Texas Constitution and Art. 30.01, V.A.C.C.P. The State concedes the applicant and Judge Giblin of the 252nd District Court are…