Ex parte Schoolcraft

Opinion by

SANDEE BRYAN MARION, Justice.

Bobby Ladell Schoolcraft, the defendant, was charged with driving while intoxicated (“DWI”). The indictment alleges defendant has been convicted of DWI on four previous occasions. See Tex. Pen.Code Ann. § 49.09 (Vernon 2003) (“Enhanced Offenses and Penalties”). Defendant filed a pretrial petition for writ of habeas corpus, asserting that Texas Penal Code section 49.09(e) was unconstitutional and an illegal restraint on his liberty. The trial court denied the petition, and this appeal by defendant ensued. We affirm.

PROCEDURAL BACKGROUND

The use of prior…