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EX PARTE WILLIAMS

No. 70099.

753 S.W.2d 695 (1988)

Ex parte Barry WILLIAMS, Applicant.

Court of Criminal Appeals of Texas, En Banc.

June 22, 1988.

Attorney(s) appearing for the Case

Barry Williams, pro se.

Bill Turner, Dist. Atty., and Laurie A. Hubbell, Asst. Dist. Atty., Bryan, Robert Huttash, State's Atty. and Alfred Walker, First Asst., State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

CLINTON, Judge.

This is a post conviction habeas corpus proceeding pursuant to Article 11.07, V.A. C.C.P.

The nub of contention is whether counsel was ineffective at the punishment phase of trial for his failure to discern and contest validity of a prior conviction alleged for enhancement. The underlying problem is that punishment ultimately assessed for the offense is three years whereas the minimum punishment...

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