Ex Parte Gonzales

BEA ANN SMITH, Justice.

Jerry Gonzales applied for a writ of habeas corpus seeking relief from his conviction for driving while intoxicated on the grounds that the evidence used against him was unlawfully seized and that he was denied effective assistance of counsel at trial. 1 See Tex.Code Crim. Proc. Ann. art. 11.09 (West 1977). Four days later, the county court at law, having “considered the application for writ of habeas corpus ... and believing that a habeas corpus evidentiary hearing is necessary to determine the merits of the claims raised by applicant,” issued an order granting the…