EX PARTE McKINNEY

No. 69406.

688 S.W.2d 559 (1985)

Ex parte Marvin McKINNEY.

Court of Criminal Appeals of Texas, En Banc.

April 17, 1985.


Attorney(s) appearing for the Case

Melinda Hoyle Bozarth, Huntsville, for appellant.

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

Before the court en banc.


OPINION

WHITE, Judge.

Applicant is before this Court seeking habeas corpus relief in accordance with Art. 11.07, V.A.C.C.P., alleging that he waived his right to a jury trial in a capital case, which is impermissible under Art. 1.14, V.A.C.C.P., and applicant further contends that the state cannot waive or dismiss the death penalty portion of his indictment.

The applicant's contentions are entirely correct and meritorious.

On June 27, 1977...

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