In Re Shaw

OPINION

Opinion by

Justice ROSS.

Shelly Kasandra Shaw has filed a petition asking us, alternatively, to issue a writ of habeas corpus or a writ of mandamus in connection with her effort to obtain a pretrial ruling on her claim that the statute under which she is being prosecuted is unconstitutional. Shaw is being prosecuted under Tex. Pen.Code Ann. § 21.12 (Vernon Supp.2004-2005). That article provides an additional penalty for what the caption describes as an “Improper Relationship Between Educator and Student.” The statute itself does not refer to educators, however, but provides penalties for…