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EX PARTE BINDER

No. 69209.

660 S.W.2d 103 (1983)

Ex parte Johnny BINDER.

Court of Criminal Appeals of Texas, En Banc.

November 23, 1983.

Attorney(s) appearing for the Case

Stanley G. Schneider and Catherine Greene, Houston, for appellant.

John B. Holmes, Jr. and Patricia Saum, Asst. Dist. Attys. Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

TOM G. DAVIS, Judge.

This is a post-conviction application for writ of habeas corpus filed pursuant to Art. 11.07, V.A.C.C.P.

The habeas court after a hearing made the following finding of facts pertinent to the issue before us:

"1. On August 24, 1979, Petitioner was convicted by a jury of aggravated robbery in Cause Number 297535 in the 230th District Court of Harris County, Texas. The jury assessed Petitioner's punishment at eighteen...

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