618 S.W.2d 382 | Tex. Crim. App. | 1981
OPINION
Before us is a petition for issuance of writ of habeas corpus in which petitioner alleged that the indictment underlying his felony conviction for theft in Cause No. 76-171-C in the trial court is void. This case is a companion to The State of Texas v. Charlie Gene Payne, Cause No. 76-189-C
The sole issue raised for our determination is the same just now decided this day by the Court in Ex parte Payne, 618 S.W.2d 380 (Tex.Cr.App., 1981). Thus, petitioner is entitled to relief from the void conviction.
Accordingly, the writ is granted; the judgment and the order granting probation in trial Cause No. 76-171 — C are vacated and set aside, and the indictment in that cause is dismissed. Petitioner is therefore released from custody
It is so ordered.
. See Articles 11.64, supra, and 11.21, V.A.C. C.P. for definition of “constructive custody;” Ex parte Guzman, 551 S.W.2d 387 (Tex.Cr.App.1977).