OPINION
OVERSTREET, Judge.
This is a post-conviction application for writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. In Cause Number 46276 (hereinafter referred to as Case # 1) filed in the 252nd Judicial District Court of Jefferson County, Texas, applicant was tried and convicted of burglary of a habitation and on January 30, 1986 was sentenced by jury to 45-years incarceration in the Texas Department of Corrections.
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