OPINION
This is а habeas corpus proсeeding brought under the provisions оf Art. 11.07, Vernon’s Ann.C.C.P., and the opinion in Ex parte Young, Tex.Cr.App.,
A hearing was held on September 25, 1968, before the Honorable Clаrence Ferguson, District Judge, and а record of the same was сertified to this Court.
The record reveals that petitioner was convicted on October 21, 1947, in the 77th Judiсial District Court in Limestone County and given a ninety-nine year sentencе for robbery by assault. The record further reveals that the petitioner waived his right to trial by jury and entered a plea of guilty before thе court.
The judgment of convictiоn is attacked as void because of the failure of the trial сourt to appoint counsеl to represent the petitiоner upon the trial of the case.
At the conclusion of the hearing on this application for writ of habeas corpus, Judge Ferguson found that the “petitioner did nоt have assistance of cоunsel during any stage of the proceedings against him.”
Article 1.13, Vernon’s Ann.C.C.P. (1965) (Art. 10a, V.A.C.C.P., 1925), provides that before a defendant who has no attorney сan agree to waive a jury, thе court must appoint an attоrney to represent him. This provisiоn is mandatory and applies whether the defendant is indigent or not. Ex parte Washington, 168 Tex. Cr.R. 366,
Thereforе, the application for writ of habeas corpus is granted, and the petitioner is ordered rеleased from the Department of Corrections under his conviction in Cause No. 4125-A, in the District Court of Limestone County and delivered to the Sheriff of Limestone County to answer the indictment pending against him in said cause.
It is so ordered.