Ex Parte Fred F. Alexander

Summary

The Court held that a trial court lacks authority to set aside a final felony conviction in a post‑conviction habeas proceeding under Article 11.07, V.A.C.C.P., and therefore the district court’s order voiding the first conviction was invalid. Because the first conviction remained effective, the subsequent conviction for the same burglary violated double jeopardy and was set aside, reinstating the original five‑year sentence. Justice Clinton, concurring, agreed with the holdings but also noted the applicant’s prejudice regarding parole‑time credits.