EX PARTE BIRL

No. 53480.

545 S.W.2d 169 (1977)

Ex parte Norman Lee BIRL.

Court of Criminal Appeals of Texas.

January 12, 1977.


Attorney(s) appearing for the Case

Ray J. McQuary and Ken G. Anderson, Rosharon, for appellant.

Henry Wade, Dist. Atty., Jerome L. Croston, Jr., and John Ovard, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

PHILLIPS, Judge.

This is a post conviction application for writ of habeas corpus pursuant to Art. 11.07, V.A.C.C.P., in which petitioner alleges a violation of the double jeopardy provision of the state and federal constitutions.

On October 23, 1972, petitioner pled guilty in Criminal District Court No. 2 of Dallas County to robbery in Cause No. C72-1597-JI and to murder with malice in Cause No. C72-1598-JI. The court assessed punishment...

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