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EX PARTE MOSER

No. 63811.

602 S.W.2d 530 (1980)

Ex parte Henry A. MOSER.

Court of Criminal Appeals of Texas, En Banc.

March 5, 1980.

Attorney(s) appearing for the Case

Joseph A. Calamia, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and James Thomas Carter, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty. and Alfred W. Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

ROBERTS, Judge.

This petition for habeas corpus relief attacks subsection 3f(b) of the Adult Probation, Parole, and Mandatory Supervision Law (V.A.C.C.P., Article 42.12), which provides:

If there is an affirmative finding that the defendant convicted of a felony of the second degree or higher used or exhibited a firearm during the commission or flight from commission of the offense and the defendant is granted probation, the court may order...

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