Ex Parte Massey

HAWKINS, Presiding Judge.

There is before the court an appeal from a nunc pro tunc judgment, and also a habeas corpus proceeding. The two are so commingled that our State’s Attorney has filed a motion that the two matters be consolidated and disposed of in one opinion. The motion is granted, and the causes are consolidated.

The record presents the following situation. Appellant was indicted in Cause No. 5070 in the District Court of San Jacinto County charged with robbery by assault. The indictment also alleged that appellant had been theretofore convicted of two successively committed felony…