EX PARTE CLAY

No. 69251.

675 S.W.2d 765 (1984)

Ex parte David Franklin CLAY.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied October 3, 1984.


Attorney(s) appearing for the Case

Ken J. McLean, Houston, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

ODOM, Judge.

This is a post-conviction habeas corpus application filed pursuant to Art. 11.07, V.A.C.C.P. The application was ordered filed and set for submission to determine whether the abandonment of the "carving doctrine" in Ex parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982), should be applied retroactively.

Petitioner was convicted of aggravated rape and the jury assessed punishment at 55...

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