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456 S.W.2d 400

Ex parte Barnes

Court of Criminal Appeals of Texas · decided 1970-07-15

Cited by 5 later decisions — most recently May 1971

5 state decisions

Relies on Crawford v. State · Ex Parte Fuller

Good law ✅— No negative treatment on recordhow we know

Decided 1970-07-15

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¶1OPINION

MORRISON, Judge.

¶2This is an application for writ of habeas corpus by an inmate of the Department of Corrections. Petitioner was convicted in District Court of Lubbock County in 1958 of the offense of felony theft with two prior convictions for passing a forged instrument and burglary.

¶3Judge Bean of the 140th District Court of Lubbock County, without a hearing, certified to this Court that at the time petitioner’s probation was revoked in the prior burglary conviction, he was indigent and without counsel. Judge Bean failed to find that petitioner did not waive the services of an attorney.

¶4The relief prayed for is denied without prejudice to petitioner’s right to secure such finding as is required by Crawford v. State, Tex.Cr.App., 435 S.W.2d 148, and Ex parte Fuller, Tex.Cr.App., 435 S.W.2d 515.

¶5It is so ordered.

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