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EX PARTE ALLEN

No. 61099.

618 S.W.2d 357 (1981)

Ex parte Michael Ray ALLEN.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied July 15, 1981.

Attorney(s) appearing for the Case

Gerald E. Hopkins, Houston, for appellant.

Carol S. Vance, Dist. Atty., and Douglas M. O'Brien, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

On original submission we granted relief upon a post-conviction application for a writ of habeas corpus. Art. 11.07, V.A.C.C.P. We withdraw our original opinion and the following opinion is substituted therefor.

Upon reconsideration we find it unnecessary to examine the validity of petitioner's waiver of examining trial in the district court. Absent valid waiver of jurisdiction

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