Ex Parte Gutierrez

OPINION

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 not be challenged in a pretrial application for writ of habeas corpus. Ex parte Matthews, 873 S.W.2d 40, 42 (Tex.Crim.App.1994). In Ex parte Matthews, the Court…