Green v. State

OPINION

SAM J. DAY, Justice.

Appellant raises two points alleging that the trial court erred in denying the relief sought in his pretrial application for writ of habeas corpus. We dismiss for want of jurisdiction.

BackgrouNd

Appellant was charged with evading detention. He filed a pretrial application for writ of habeas corpus alleging that the provision under which he was charged, penal code section 38.04, is unconstitutionally vague. Tex. Penal Code Ann. § 38.04 (Vernon 1994 & Vernon Supp.1999). On September 9, 1998, the trial court held a hearing and denied appellant relief. On November 2,…