EX PARTE GUTIERREZ

No. 04-98-00659-CR.

989 S.W.2d 55 (1998)

Ex parte Ramon Rogelio GUTIERREZ, Jr.

Court of Appeals of Texas, San Antonio.

December 16, 1998.


Attorney(s) appearing for the Case

Jesse Y. Cavazos, San Antonio, for Appellant.

Alan E. Battaglia, Assistant Criminal District Attorney, San Antonio, for Appellee.

Before PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice and KAREN ANGELINI, Justice.


OPINION

PER CURIAM.

Ramon Gutierrez appealed the trial court's denial of his pretrial application for writ of habeas corpus, which raised the issue of limitations. The State moved to dismiss the appeal for lack of jurisdiction, arguing that limitations may not be raised by habeas corpus. Although we agree habeas corpus is not the proper procedural vehicle for raising limitations, we deny the State's motion to dismiss.

Generally, an indictment may...

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