Ex Parte Matthews

OPINION ON REHEARING ON REMAND FROM THE TEXAS COURT OF CRIMINAL APPEALS

O’CONNOR, Justice.

We grant the appellant’s motion for rehearing, withdraw our previous opinion and issue this in its stead. This case is on remand from the Court of Criminal Appeals. Ex Parte Jean Matthews, 846 S.W.2d 152 (Tex.App.—Houston [1st Dist.] 1993), rev’d, 873 S.W.2d 40 (Tex.Crim.App.1994). In our original opinion, we dismissed for want of jurisdiction, finding Jean Matthews, the appellant, could not challenge an indictment in a pre-trial writ of habeas corpus proceeding. The Court of Criminal Appeals held she…