Ex Parte McCarter

OPINION

BELCHER, Judge.

This is a habeas corpus proceeding under Art. 11.07, Vernon’s Ann.C.C.P.

The evidence heard by the trial judge on the hearing of relator’s application for the writ was as follows:

On July 6, 1953, in the Criminal District Court of Dallas County, relator, having waived a trial by jury and entered a plea of guilty, was assessed a term of five years in the penitentiary for felony theft and it was ordered that the sentence be suspended during good behavior.

On September 2, 1955, the relator waived a jury and entered pleas of guilty in the Criminal District Court of Dallas…