Ex Parte Rathmell

These proceedings involve the improper use of a pre-trial application for writ of habeas corpus, Ex parte Robinson, 641 S.W.2d 552 (Tex.Cr.App.1982), notwithstanding. The writ of habeas corpus cannot be used as a substitute for an appeal from a conviction, much less an interlocutory appeal, as in effect the case at bar is, though dressed in the cloak of a habeas corpus appeal.

Robinson, a panel opinion of this Court, in which a motion for leave to file a motion for rehearing was never filed, has not yet been fully reviewed by this Court en banc. Robinson was wrongly decided. Its analysis was…