ON PETITION FOR REHEARING EN BANC
PER CURIAM:The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, Rule 25(a), subpar. (b), the Petition for Rehearing En Banc is denied.
There is no merit in appellant’s contention, made for the first time on petition for rehearing, that Martin should be required to exhaust the post-conviction remedy available under Art. 11.07 of the Vernon’s Ann.Texas Code of Criminal Procedure. The record here is complete; there was a full evidentiary hearing in the District Court; no further hearing is indicated on remand as to the issue presented. Cf. Hill v. Beto, 5 Cir., 1968, 390 F.2d 640.