Ex parte Pennell

The court refuses to grant rehearing en banc. The appellant has persuaded me that we were wrong in affirming the denial of relief.

The panel held that the county court at law had no jurisdiction to decide the question presented in this case. The panel relied on a quotation from Ex parte Sullivan, 534 S.W.2d 140, 141 (Tex.Cr.App.1976), which in turn tracks the language of our Constitution:

“The jurisdiction of a county court or judge thereof to issue a writ of habeas corpus is limited by the Constitution of Texas to cases where the offense charged is within the jurisdiction of the county court…