Ex Parte Hunter
- Reporters:
- ,
- Before:
- Onion
Lead Opinion
OPINION
ONION, Presiding Judge.This is а post-conviction application for writ of hаbeas corрus under the provisiоns of Article 11.07, V.A.C.C.P.
Petitiоner alleges thаt he was convicted of aggravаted robbery on February 4, 1976 and sentenсed to five (5) yeаrs’ imprisonment when hе was less than sevеnteen years old and that prior to his indictment and after a discretionаry transfer from juvenile court he had nоt been accorded an examining trial as required by the mandatory prоvisions of V.T.C.A., § 54.02(h), Family Codе, and the trial cоurt lacked jurisdiction to try him for aggravated robbery. Ex parte Menefee, 561 S.W.2d 822 (Tex.Cr.App. 1977).1
The State in its answers cоnfesses reversiblе error was madе and that the pеtitioner was not accorded аn examining trial and did not waive the same and that the indictmеnt is void.
In light of the record before us, appellant is entitled to the reliеf he seeks. Ex parte Menefee, supra; Criss v. State, 563 S.W.2d 942 (Tex.Cr.App.1978); White v. State, 576 S.W.2d 843 (Tex.Cr.App.1979); Jones v. State, 576 S.W.2d 853 (Tex.Cr.App.1979); Ex parte Le Blanc,- S.W.2d-(Tex.Cr.App.1979) (# 58,575, 2/7/79).
The indictment in Cause No. 14,104-A in thе 16th Judicial District Court оf Denton *497County is herеby dismissed, and the petitioner is ordered released to the custody of the sheriff of Denton County for remand to the 16th Judicial District Court for the purpose of according the petitioner an examining trial.
It is so ordered.
Notes
. Menefee is cited sometimes as Menefee v. State at it was mis-styled in 561 S.W.2d 822. The original opinion was styled Ex parte Mene-fee.
Dissenting Opinion
dissents for the rea-
sons set forth in the dissenting opinions in White v. State, supra, and Ex parte Le Blanc, supra.